President Luiz Inácio Lula da Silva signed on Thursday (1st) a legal opinion that puts paid leave of up to six months into play for women victims of domestic violence, with income guaranteed and the job link preserved. The measure, detailed by G1 and O Globo, adopts a ruling by Brazil's Supreme Court (STF) and makes it binding across the federal administration.
Who pays depends on the worker's status. For women with formal contracts, the employer covers the first 15 days and the Instituto Nacional do Seguro Social (INSS), Brazil's national social security agency, takes over from the 16th day. Self-employed workers, individual microentrepreneurs (MEIs) and other contributors without a formal tie receive INSS payments from day one. Informal workers who never contributed get an assistance benefit paid by the state, the Federal District or the municipality named by the judge, through the country's social assistance network (SUAS).
The decisive move: no more medical exam
The play that changes the game sits in a technical detail. Before the opinion, even with a court order in hand, a victim still had to go through an INSS review that could include a medical exam and end in a denial, forcing a new round in court, O Globo found. Now an urgent protective order issued by a state court, a domestic violence court or a criminal court is enough to release the payment. In plain terms: the judge blows the whistle and the benefit takes the field, with no extra stage.
Requests can be filed through the Meu INSS app or portal, with priority and confidential service. The benefit requires no minimum contribution period, the leave counts toward retirement, and no social security deductions apply to the amount received. The judge sets the length of the leave, which can start at two or three months and be extended up to the six-month cap.
Brazil's Lei Maria da Penha, the country's 2006 domestic violence law, already allowed women to keep their job link for up to six months, but it never said who would foot the bill, which stalled the benefit in practice. The Supreme Court recognized the right when it ruled on what is known as Tema 1.370, and the opinion signed by Lula, drafted by the Attorney General's Office (AGU), turns that understanding into a rule for agencies such as the INSS.
The Social Security Ministry and the INSS have 15 days from the signing to regulate the payments in their systems, and the rules will also cover leaves already under way. The goal, according to O Globo, is to spare victims from having to choose between keeping their income and staying away from a place known to their aggressor.