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2025 Decision Ensures Social Protection and Reinforces Constitutional Principles by Preventing Bolsa Família from Being Used to Restrict Access to the Continuous Cash Benefit
The Federal Court in Registro, São Paulo, ruled in 2025 that the Bolsa Família Program does not integrate the calculation of family income for the granting of the Continuous Cash Benefit (BPC/LOAS). Federal Judge Maycon Michelon Zanin issued the ruling and therefore ordered the National Social Security Institute (INSS) to grant the benefit to a child with a disability, even after the initial denial.
Understand the Judicial Decision
The government issued Decree No. 12,534/2025, which revoked part of Decree No. 6,214/2007. The change indicated that the amounts from Bolsa Família would count towards the per capita income of families. However, the judge stated that the measure exceeded the limits of the regulatory power outlined in the Federal Constitution.
Moreover, as highlighted by Zanin, “decrees cannot create restrictions on fundamental rights that are not provided for by law”. He cited the doctrine of Celso Antônio Bandeira de Mello and characterized the amendment as illegal and without legislative support. For this reason, the magistrate emphasized that the exclusion of Bolsa Família follows the constitutional principles of social protection.
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Analysis of the Family Situation
The INSS denied the BPC, claiming that the family income exceeded the limit of 1/4 of the minimum wage per person. However, the evidence presented demonstrated concrete vulnerability.
- Judicial medical examination indicated that the child, aged seven, suffered from focal symptomatic epilepsy, malformation of the central nervous system, ADHD, and hematochesia under investigation.
- Photographs of the residence revealed inadequate living conditions, lacking basic comfort and without assets.
- Socioeconomic report from December 2023 showed that the father earned R$ 800.00 as a mason’s helper, in addition to the Bolsa Família of R$ 650.00.
Subsequently, in 2024, the father secured formal employment with an average salary of R$ 1,890.00. Nevertheless, the court deemed that the vulnerability had already been proven, and therefore, the benefit should be granted.
Support from Supreme Court and Superior Court Decisions
The magistrate based the decision on precedents from higher courts and consequently reinforced its legitimacy.
- In 2020, the Supreme Federal Court ruled on Topic 312. The STF decided that minimum value assistance or pension benefits do not count towards the calculation of per capita family income. Additionally, the court acknowledged legislative omission in Law No. 10,741/2003 (Statute of the Elderly).
- The Superior Court of Justice, when judging Topic 640, defined that benefits up to a minimum wage received by the elderly or people with disabilities are personal and do not compose family income.
Thus, the 2025 decision aligned not only with the Constitution but also with the established jurisprudence of the highest courts.
Social Regression and Human Dignity
The judge emphasized that the decree represented a social regression prohibited by the Constitution.
“The BPC and Bolsa Família have distinct and complementary natures. The BPC ensures a minimum income for those unable to work, while Bolsa Família aims to reduce extreme poverty. Using a benefit aimed at combating misery to deny another essential for subsistence creates a paradox that violates the Constitution,” said Zanin.
Furthermore, he highlighted potential severe distortions. If Bolsa Família were included, families receiving R$ 600.00 could lose the BPC. This benefit guarantees a minimum wage and, therefore, covers treatments and medications. Thus, the situation would violate human dignity and the right to a minimum existence.
Conclusion of the Ruling
The judge dismissed the application of Decree No. 12,534/2025 and, thus, maintained the exclusion of Bolsa Família from the calculation of per capita income.
The decision reinforced constitutional principles such as dignity of the human person, prohibition of social regression, and full protection of people in situations of vulnerability.
Thus, the INSS must immediately grant the Continuous Cash Benefit to the child. This measure ensures essential financial support for their survival and therefore reaffirms the strength of the social protection outlined in the Constitution.
Gente paga aluguel fica difícil com. 1518
As leis de permanência no BF também deveria ser condicionada a família ainda que um de seus integrantes sejam beneficiários do BPC/LOAS tendo em vista que o benefício se destina exclusivamente para fins de manutenção de vida de seu titular e não o sustento da família toda