Inclusion Aid from the Point of view of the Person: Continuous Aid Scheme for the Person with Deficiency and Law 14176/2021

Abstract

Current paper presents a correct interpretation of Law 14176/2021 and its requirements to comply with the Brazilian Constitution. Discussion on the law of the Continuous Aid Scheme is undertaken to see whether it implements the principle of the dignity of the human person, fundamental rights and the rights of the person, especially within the context of the economic crisis caused by Covid-19 pandemic. Decision-taking on who will implement social aid policies either by the law maker when establishing the judicial norm or by the executive when examining administrative requests should not be exercised within the abstract stance of tutelage of fundamental rights without examining the implementation costs of rights and impact on budget. This is especially true when once takes into account that Brazil is a periphery country with scanty resources and high demand in basic services. However, the democratic, social and lawful State cannot put on a secondary plane economically and socially impaired people. The State has the basic duty to protect vulnerable people, a duty hailing from fundamental rights. The hypothesis-deduction is the method employed in current paper. Hypothesis placed deal with the Continuous Aid Scheme for people with deficiency according to Law 14176/2021 materializes the lawful social State by the tutelage of the dignity of socially and economically impaired people. Theoretical discussion is based on bibliographical research based on Scopus and EBSco data.