The The persistence of the concept of work inability in judicial medical expertise for the granting of the continuous benefit to a person with a disability

Abstract

This scientific article focuses on the critical exposition of the maintenance of the concept of work unfitness in the judicial medical evaluation that aims at granting the Continuous Benefit Payment (BPC) to a person with a disability. The problem centers on the expert inspection with strictly clinical and biomedical parameters, in disagreement with the contemporary normative description of long-term impediment, established by Law No. 13,146, of 2015, which adopts the biopsychosocial model and recognizes inequality of opportunities as a primary element. In this context, we sought to answer the following question: to what extent does the persistent application of the criterion of work incapacity in judicial medical evaluations contrast with the legal definition of a person with a disability and influence the recognition of the right to BPC? The general objective consisted of exposing the effects of this conjecture and the specific objectives focused on recovering the historical evolution of Social Assistance in Brazil, contextualizing the requirements for access to continuous welfare benefits and reflecting on expert practices in light of the current legal system. To this end, the methodology is based on bibliographic, documentary and empirical research, with a qualitative perspective, based on scientific articles, monographs and books, as well as expert documents from specific cases. The results indicate the need to readjust procedural medical analyses in order to ensure effective access to social protection.