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GABAN, L. F. M. Benefit (Aid) of continued support: the application of Article 34, sole paragraph, of Law 10,741/2003, as a complementary parameter of the per capita income standard and the paths towards a new economic criteria. 2016. 192 p. Thesis (Master in Law) – Faculty of Law of Ribeirão Preto, São Paulo University, Ribeirão Preto, 2016. This thesis discusses the insufficient legal regulation in the context of the fundamental social right to the benefit of continued support – CBC (Article 203, V, of the Federal Constitution of 1988), set forth in the rule provided by Article 20, §3°, of Law 8,742/93 (per capita income standard or economic criteria of concession). It also seeks to study the legal aspects related to the viability of the application of the rule set forth in Article 34, sole paragraph, of Law 10,741/03, as a complementary objective parameter, as well as proposes a possible extension of the enforcement of such legal provision. In addition, and considering as necessary the dialog between law and the other scientific fields, it also indicates possible paths for future studies that target the creation of a new concession criteria for the CBC. The study was developed based on the review of bibliographic material, with prevalence of the deductive reasoning. It also comprehends the review of court precedents, which were classified as documental qualitative (considered as a more flexible methodological modality of empirical research). The methodological approach used comprehends the legal dogmatic as formed by three dimensions: analytical, empirical and normative. Key-words: Constitutional benefit or aid of continued support; insufficient legal regulation; per capita income standard; Article 34, sole paragraph, of Law 10,741/03; paths towards new criteria.

Benefício de prestação continuada: a aplicação do artigo 34, parágrafo único, da Lei 10.741/2003 como parâmetro complementar do critério da renda per capita e os caminhos para um novo critério econômico