The assistencial benefit of support to the deficient one calls the attention, particularly, for being a benefit offered for the State without the requirement of no consideration on the part of the petitioner. Thus, a time filled the conditions established for law, the petitioner will make jus to the benefit, exactly without never having contributed for the social security. What if it observes, in the administrative way, is an extreme severity for the concession of such benefit. The order rejected for the INSS if multiplies, as well as the legal actions with the purpose to get provisions of the benefit long ago denied administratively. In the judicial scope, it has an interpretation of the legislation most favorable to the petitioner.
The magistrates, in general, tend to flexibilizar interpreted legal devices of literal form for the Previdenciria Autarchy. The benefit of social support is paid for the Federal Government, however, the operacionalizao and the recognition of the right to this benefit are in charge of the National Institute of Seguro Social (INSS). The majoritria jurisprudence has understood that only the INSS is real party in interest to appear in the passive polar region of the demands judicial where if it pleads the concession of the assistencial benefit. As much in the administrative way how much in the judicial one, the petitioner to the benefit is submitted to a doctor-skillful evaluation to certify the existence or not of incapacity for the independent life and the work.