A dimensão normativa do conceito de pessoa com deficiência para além da incapacidade laboral

The article discusses about the interpretation of the concept of a person with a disability for the purposes of granting the Continuous Cash Benefit (BPC), as provided for in art. 203, V, of the Constitution of the Federative Republic of Brazil of 1988, governed by the Organic Law of Social Assistance – LOAS (Law nº 8,742/1993) and by Decree nº 6,214/2007. The paper discusses the legal definition and requirements of disability considering theoretical and normative assumptions aimed at ensuring access to the BPC for persons with disabilities. It also analyzes how this concept has been applied in judicial decisions, particularly in cases processed by the Federal Small Claims Court in Pará, under the jurisdiction of the Regional Federal Court of the 1st Region-TRF1.