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Suspension of the Continuing Benefit Conveyance (BPC) for lack of funding source


Justice Gilmar Mendes of the Brazilian Federal Supreme Court (STF) suspended the effectiveness of the amendment to the Organic Law on Social Assistance (LOAS) that expanded access to the Continuing Benefit Conveyance (BPC) from a minimum wage granted to disabled and elderly people. The suspension was decided in the examination of an injunctive relief measure in the ADPF 662, filed by the Attorney General of the Union (AGU). According to the rapporteur, this is not an emergency and temporary measure aimed at confronting the Covid-19 pandemic, but a definitive one, without any indication of its budgetary and financial impacts.

With the change, which was included in LOAS by Law 13.981/2020, people were entitled to BPC with over 65 years of age or with disabilities with per capita family income below half a minim um wage (previously it was a quarter of the minimum wage). The President of the Republic, Jair Bolsonaro, vetoed this passage, but the National Congress overthrew the veto.

Read the entire decision.


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