Public Works

4.374, of relatoria of the Min. Gilmar Mendes, the STF left clearly that it had for constitutional, in thesis, the norm of art. 20 of the Law n. 8.742/93, but it did not affirm to inexist other concrete situations that imposed constitutional attendance and not subsuno to that norm. The constitutionality of the rule of law, thus, does not mean the unconstitutionality of the behaviors judicial that, to take care of, in the concrete cases, to the Constitution, guarantor of the beginning of the dignity human being and the right to the health, and the state obligation to give to the social assistance ' ' to who of it to need, independently of the contribution to the security social' ' , they have to ahead define that payment of the constatao of the necessity of the carrying person of deficiency or the aged one.

According to 8 of art. 20 of the Law 8,742/93, ' ' the familiar income monthly the one that if relates 3o will have to be declared by the petitioner or its legal representative, subjecting it the too much procedures foreseen in the regulation for the granting of pedido' '. The Regulation of the Loas, in turn, in its art. 13, clarify that ' ' the evidence of the per capita monthly familiar income it will be made by means of Declaration of the Composition and Familiar Income, in form instituted for this end, signed for the petitioner or its legal representative, collated with pertinent documents, being the declarant subject to the penalties foreseen in law in the case of information omission or declaration falsa' '. It will fit to the INSS to verify, by means of consultation to its cadastros, if the integrant ones of the familiar group related possess some previdencirio benefit, as well as if they are used and to confirm the sum of its incomes (Regulation of the Loas, art. 13, 3). 4 of the same article, finally, establishes to compete ' ' to the INSS and the agencies authorized for the Social to Hunger, when necessary Combat and Ministry of Public Works and the Economy, to verify next to other institutions, also of providence, the existence of benefit or income on behalf of the petitioner or beneficiary and of the integrant ones of famlia' '.

The Regulation of the Loas is perceived that, in sight of unquestionable hipossuficincia of that if they find in situation of social risk, practically admitted that they only related the members of its familiar group, detailing the incomes for gained them, being dispensable any evidence in relation to those without remunerated activity or possibilities of income evidence, as it is the case of that they live in the informality. It fits to the INSS to investigate the veracity of these information. In sight of this regulation, it can be concluded that, also judicially, it will be responsibility of the INSS to prove that the petitioner does not meet in poverty situation, in sight of the information for it given, therefore if the benefit of the support was refused in the administrative scope under this bedding, for certain that autarchy will have collected enough information concerning the incomes of the familiar group of the author.