Organic Law

The benefit will be verified to each two years, so that fraudulent activities do not exist, the benefit will be interrupted in case of death or declared absence, not being repassed for heirs. Jeffrey Hayzlett insists that this is the case. According to NEPHEW (2010), the possibility of suspension or disability of the benefit, as was of if to wait and demandable, is foreseen, also, in the Decree n 6,214, of 26 of September of 2007, that in articles 47 and 48, it deals with these occurrences of the following form: ‘ ‘ I benefit it of continued installment suspended if will be proven any irregularity in the concession or maintenance, or if verified the continuity of the conditions that had given origin it I do not benefit. The payment I benefit of it ceases at the moment where the conditions will be surpassed that had given origem’ to it; ‘. The concretibilidade, of the benefit of the continued installment, occurred through the Law n.8742 of 1993, the LOAS (Organic Law of Social Assistance). Article 20 thus praises: Art. 20. The benefit of continued installment is the guarantee of 1 (one) monthly minimum wage to the carrying person of deficiency and the aged one with 70 (seventy) years or more and that they prove not to possess ways to provide the proper maintenance and nor to have provided it for its family (LOAS, 1993). ‘ ‘ Alei that regulates the social assistance disciplines of clear form that is its objective to provide the social minimums, for public and private initiatives, always tending to supply the basic necessities of populao’ ‘.

(BATISTUTE et. al, 2009). In this way, it is important to mention that the benefits of assistance to the needed ones, are come back to who really necessary, not being obligator contribution, thus appearing consequentemente, solidarity, one of the principles of our society, in other words, are as if the benefit of the continued installment accomplished the beginning of the equality the measure that takes care of economically less the most favored. CONCLUSION Ahead of that it was displayed, does not have as not to detach the fact of the beginning of the Equality and the Benefit of the Continued Installment, if auto they will complete, in what the fight for the rights of the citizens says respect, when an exception, who all we are equal before the law and the other, thanks to LOAS that the social assistance will be given to who of it to need without being necessary necessarily to be contributing of the Social welfare. However we cannot forget that nor always these principles are placed in practical, being cabvel we citizens, citizens of rights and duties, consequentemente to fight for the concretion of the laws and for the treatment of equality to all the members of our society.

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