THE CHALLENGES AND PERSPECTIVES FOR THE EFFECTIVE GRANTING OF THE CONTINUOUS BENEFIT (BPC) FOR PEOPLE DIAGNOSED WITH AUTISM SPECTRUM DISORDER (ASD) IN THE MUNICIPALITY OF SÃO FRANCISCO DO BREJÃO – MA

Abstract

The Continuous Cash Benefit (BPC) is an assistance right provided for in Brazilian legislation that guarantees a monthly minimum wage to the elderly over 65 years of age or with disabilities, provided that they are in a situation of social vulnerability, without the need for prior social security contribution. This article analyzes the challenges and perspectives for granting the BPC to people diagnosed with Autism Spectrum Disorder (ASD) in the municipality of São Francisco do Brejão, Maranhão. Initially, the legal and theoretical framework regarding the right to social assistance and to people with disabilities is contextualized – including the Federal Constitution of 1988, the Organic Law of Social Assistance (LOAS, Law No. 8,742/1993), the Berenice Piana Law (Law No. 12,764/2012) – as well as contributions from jurists such as Marcelo Neves and Menelick de Carvalho Netto regarding the effectiveness of social rights. Then, the concrete obstacles faced in the local reality for access to the BPC by families of people with ASD are examined, such as bureaucracy, lack of information, difficulties in interdisciplinary assessment of the condition and institutional limitations of the municipal CRAS. Hypothetical examples and critical analyses are presented illustrating gaps between formal law and its implementation. Finally, measures are proposed to improve access to the benefit – from administrative improvements and training to public awareness policies – outlining future perspectives to ensure that people with ASD in São Francisco do Brejão can fully enjoy the BPC.