Section III - social security

 

Article 201. The social security shall be organized under a general regime, of contributive character and mandatory affiliation, with due regard to criteria which preserve the financial and long term balance, and shall provide for the following:

Article 201 amended by CA 20, December 15th 1998. This CA became known as the Social Security Amendment. Notice that this CA made also significant changes to article 40 of this Constitution, which regulates the social security of the civil servants. See original text at the end of the article.

I - coverage for the events of illness, disability, death and old age;
II - protection to maternity, especially to women while pregnant;
III - protection to workers in situation of involuntary unemployment;
IV - family-salary and reclusion-aid for the dependents of the low-income insurance;
V - pension for death of the insured, man or woman, to the spouse or companion and dependents, complying with the provisions of paragraph 2.
Paragraph 1. The use of different requirements and criteria for the granting of retirement to the beneficiaries of the general regime of social security is prohibited, excepted the cases of activities exercized under special conditions which harm the health or the physical integrity and the cases of handicapped people, as defined in supplementary law.

Paragraph 1 amended by CA 47, July 5th 2005, which added the reference to the handicapped.

Paragraph 2. No benefit which replaces the contribution salary or work earnings of the insured shall have a monthly value lower than the minimum wage.
Paragraph 3. All contribution salaries included in the calculation of the benefit shall be adjusted by monetary correction.
Paragraph 4. Adjustment of the benefits is ensured, so that its real value is permanently maintained, in accordance with criteria defined by law.
Paragraph 5. People participating of other social security regimes are prohibited from affiliating, in an optional manner, the general regime of social security.
Paragraph 6. The Christmas bonus for the retired and pensioners shall be based on the value of the earnings in the month of December of each year.
Paragraph 7. It is ensured retirement under the general regime of social security, in the manner prescribed by law, with observance of the following:
I - 35 (thirty-five) years of contribution, if man, and 30 (thirty) years of contribution, if women;
II - 65 (sixty-five) years of age, if man, and 60 (sixty) years of age, if woman, these figures being reduced in 5 (five) years for the rural workers of both genders and for those who perform their activities in a regime of familiary economy, including the rural producer, the placer miner and the handicrafted fisherman.
Paragraph 8. The requirements referred to by clause I of the previous paragraph shall be reduced in 5 (five) years, in the case of teachers who worked exclusively in educational functions in infant education and elementary and intermediary teaching.
Paragraph 9. For retirement effects, it is assured the reciprocal accounting of contribution time in the public administration and in the private sector, rural and urban, in which case the several social security regimes shall financially compensate each other, observing criteria set forth by law.
Paragraph 10. The law shall regulate the coverage of risks of labour accidents, which shall be attended concurrently by the general regime of social security and the private sector.
Paragraph 11. The amounts habitually earned by an employee, on any account, shall be incorporated into the salary for purposes of security contribution and the resulting effects on benefits, in the cases and in the manner provided by law.

Article 201, clauses I to V, paragraphs 1 to 12, added by CA 20, December 15th 1998.

Paragraph 12. The law shall provide for a special system of inclusion into the social security of the low income workers and of the housekeepers of low income families, ensuring them access to benefits of amount equal to one minimum salary.

Paragraph 12 added by CA 41, December 19th 2003, and amended by CA 47, July 5th 2005, which added the reference to housekeepers.

Paragraph 13. The special social security inclusion system subject of paragraph 12 of this article shall have friendlier rates and deadlines than those applied to the other beneficiaries of the general regime of social security.

Paragraph 13 added by CA 47, July 5th 2005.

Original text of this article:
The social security plans, upon contribution, shall provide for, in accordance with the law:
I - coverage for the events of illness, disability, death, including those resulting from employment related accidents, old age and confinement;
II - aid for the support of the dependants of the low-income insured;
III - protection to maternity, especially to pregnant women;
IV - protection to workers in a situation of involuntary unemployment;
V - pension for death of the insured, man or woman, to the spouse or companion, and dependants, complying with the provisions of paragraph 5 and of article 202.
Paragraph 1 - Any person may receive social security benefits, upon contributions, as established in the social security plans.
Paragraph 2 - Adjustment of the benefits is ensured, to the end that its real value is permanently maintained, in accordance with criteria defined by law.
Paragraph 3 - All contribution salaries included in the calculation of the benefit shall suffer monetary correction.
Paragraph 4 - The amounts habitually earned by an employee, on any account, shall be incorporated into the salary for purposes of security contribution and the resulting effects on benefits, in the cases and in the manner provided by law.
Paragraph 5 - No benefit which replaces the contribution salary or work earnings of the insured shall have a monthly value lower than the minimum wage.
Paragraph 6 - The Christmas bonus for the retired and pensioners shall be based on the value of the earnings in the month of December of each year.
Paragraph 7 - Social security shall maintain a collective insurance, of a complementary and optional nature, funded by additional contributions.
Paragraph 8 - Any subsidy or aid from Government to profit-oriented private security entities are forbidden.

Article 202. The regime of private social security, of supplementary nature and organized in an autonomous manner with regards to the general regime of social security, shall be optional, based on the constitution of reserves which guarantee the contracted benefit, and regulated by supplementary law.

Article 202 amended by CA 20, December 15th 1998. The original text of this article established the age required for retirement; these provisions were amended and turned into paragraphs of article 201.
Paragraph 1. The supplementary law subject of this article shall ensure to the participants of benefit plans of private social security entities the full access to information regarding the management of the respective plans.
Paragraph 2. The contributions of the employer, the benefits and the contract conditions established in estatutes, rules and benefit plans of the private social security entities shall not be considered pieces of the labour contract of the participants, and, except for the benefits received, shall not be considered remuneratin of the participants, under the terms of law.
Paragraph 3. The remitting of funds to private social security entities by the Union, States, Federal District and municipalities, their autarchies, foundations, public companies, mixed capital companies and other public entities is forbidden, except if in the role of co-payer, in which case, under any circunstances whatsoeer, the normal contribution shall not exceed the one of the ensured.
Paragraph 4.Supplementary law shall regulate the relationship amongst the Union, States, Federal District or municipalities, includind their autarchies, foundations, mixed capital companies and corporations directly or indirectly controlled, when in the role of co-payers of private social security entities, and their respective private social security closed entities.
Paragraph 5. The supplementary law referred to in the previous paragraph shall be applied, when possible, to private companies permissionary or concessionary of public services, when co-payers of private social security closed entities.
Paragraph 6. The supplementary law referred to in paragraph 4 of this article shall establish the requirements for the appointment of the members of the directory boards of the private social security closed entities and shall regulate the inclusion of participants in the boards and instances of decision in which their interests are subject of discussion and deliberation.

Article 202, paragraphs 1 to 6 amended by CA 20, December 15th 1998.