Defining extreme hardship to determine eligibility to welfare aid: The shift from household income measurement to means testing

Autores/as

Resumen

This paper discusses extreme hardship as an economic eligibility requirement to the welfare aid set forth in Article 20, paragraph 3, of Law 8.742/1993. The analysis is based on criteria that go beyond the measurement of monthly per capita household income and adopts a deductive approach to scrutinize the literature, legislation, and case law on the subject. The paper maps out the development of the relevant cases and provides insight into the precedents laid down by the Federal Supreme Court. The problems posed by the subsidiary nature of the benefit are also considered. All in all, monthly per capita household income not being an accurate indicator of extreme hardship, the means test should be adopted.

Palabras clave:

Social assistance, poverty, means test.

Biografía del autor/a

Rodrigo Zacharias, Pontifícia Universidade Católica de São Paulo

Rodrigo Zacharias is a Doctor in Constitutional Law at the Pontifical Catholic University of São Paulo (2022). Graduated in Law from the University of São Paulo (1992). Master’s Degree in Law (Constitutional System of Guarantee of Rights) at the University Center of Bauru (2002). Specialization in Public Law at FADOM, currently at Faculdades Pitágoras, Divinópolis-MG unit (1996). Specialization in Co di Alta Formazione in Giustizia costituzionale and tutelage giurisdizionale dei diritti at the University of Pisa, Italy (2022). Federal Judge of the Federal Regional Court of the 3rd Region (since 1998). Your email address is rodrigozacharias@gmail.com. https://orcid.org/0000-0003-3869-6165.

Cristiane Fátima Grano Haik, Pontifícia Universidade Católica de São Paulo, Brazil

Cristiane Fátima Grano Haik is a Doctoral candidate and have a Master degree, both in Social Relations Law (Social Security Law) at the Pontifical Catholic University of São Paulo. Coordinator of the labor and social security area at Fu[1]rriela Lawyers. University professor. Your email address is cristia-nefghaik@uol.com.br. https://orcid.org/0000-0001-9162-4326.

Paulo Bueno de Azevedo, Universidade de São Paulo, Brazil

Paulo Bueno de Azevedo is a Doctor in Criminal Law from the University of São Paulo. Master in Political and Economic Law from Universidade Presbiteriana Mackenzie and specialist in Tax Law from PUC/SP. Postgraduate in Economic and European Criminal Law from the University of Coimbra. Professor of Criminal Law at the Faculty of Law Santo André and at the University of Mogi das Cruzes. Federal Judge of the Federal Regional Court of the 3rd Region. Your email address is pbuenojud@gmail.com. https://orcid.org/0000-0001-9440-4580.