TY - JOUR AU - LIBERATO TIZZO, Luis Gustavo PY - 2022/12/30 Y2 - 2024/03/29 TI - The Legal (Dis) Qualification of the Non-Naturalized Foreigner and the Granting of Assistance Benefit in the Brazilian State JF - Revista Jurídica Portucalense JA - Revista Jurídica Portucalense VL - IS - SE - SCIENTIFIC RESEARCH DO - UR - https://revistas.rcaap.pt/juridica/article/view/26594 SP - 137-170 AB - <p>The work in question brings an analysis of some of the highlight values of the legal rights, which are values external to the right structured while judicial system. In face of these values widely recognized and protected, this work aims to deal specifically with the situation of foreigners not naturalized and the violation of their personality rights as a way of framing them among the people in that the State recognizes the right to assist the social assistance in order to maintain the minimum necessary for their survival. The Assistance’s Law establishes criteria for the exercise of citizenship by providing that the citizen shall have the right, ignoring, from the perspective of the classical concept, those who do not have national status. However the needs and human needs do not respect criteria of nationality, should have care for the most needy, regardless of where they are, as a matter of solidarity, respect for others and recognition of the values in the assessment of the law. In this way, by means of a search for an answer about the possibility of granting the Care benefit, seeking to carry out a brief study on the foundation evaluation of the legal system and its application in the tutelage of the prerogatives, and the relativization of terms.</p> ER -