Almost 15% of all program beneficiaries receive payment because of action in court; CNJ tries to brake the index
The (PT) government has spent R $ 30.8 billion since January 2023 paying (continuing benefit) to people who got access to aid after a court decision.
This amount already exceeds the total (R $ 27.8 billion) paid via judicialization in the mandate of former president (PL), from 2019 to 2022. The estimate was calculated by Poder360. Understand the methodology at the end of the report.
The BPC is a payment of 1 minimum wage per month to elderly to 65 years or older and to people with low -income disabilities.
The proportion of beneficiaries receiving the program for judicialization in relation to the total was 14.72% in May, given more recent. The percentage was 10.11% in January 2019. That is, there was a high of 4.6 percentage points in almost 6 years.
The court concession rate grew faster from 2020. This data worries Lula’s economic team.
There are 941,000 people who received the BPC by court order in May 2025. The number more than doubled since 2019, when there were 469 thousand in this condition.
In all, the benefit is paid to 6.4 million people – 25% from Lula’s inauguration.
The economic team estimates that total spending on all beneficiaries will be R $ 121.9 billion in 2025. The tendency is that the projection is underestimated in relation to the actual spending at the end of the year.
Brake on Judicializations in the BPC
Lula’s team, the (National Council of Justice) issued a standard to standardize the judiciary’s grant criteria and brake new benefits. It only starts to apply from March 2026.
The collegiate determined the use of biopsychosocial assessment for BPC requests for disability. The model was already used on the conventional concession route.
The method considers not only medical, but also social and environmental factors, with application by a multiprofessional team. The tool will be integrated into the judiciary’s expertise system.
Responsible for the body that manages the BPC, the minister (social development) praised the CNJ standard.
“We recognize the important role of justice to repair any non -compliance with the law by the Executive, but it was not reasonable not to have a standardized rule in the interpretation of the law.”said to Poder360.
Days also signaled that Lula should again insist on the benefit in the benefit. Generally, they are inspection actions and registration review.
It turns out that these measures are not structuring and only serve to give temporary relief in public accounts from the precept of not granting benefits to those who are not entitled – which is already the function of the government.
“President Lula’s command is to guarantee the right to those who have the right in the form of the law. But also combat fraud and irregularities, and the Ministry of Social Development […] has already updated about 2 million registration reviews ”he declared.
The Minister of Finance, tried to put rigid rules for access to the BPC with the fiscal package that elaborated by the end of 2024. Congress resisted many of the changes, which.
In addition, opposition is generally against hard norms. Bolsonaro positioned himself against a decree with new determinations. Haddad reacted and at an event at the Planalto Palace.
O Poder360 It found that the government attributed the high rate of judicialization especially to the following factors:
- Delay in order analysis;
- technical and structural problems;
- insufficient personnel.
METHODOLOGY
O Poder360 He raised data from the Ministry of Social Development on the platform and calculated the average amount paid to each beneficiary of the BPC. Then he multiplied the amount of the number of people who had access through court decision to estimate the expense during Lula 3.
