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[POLITICS] · Brazil · 28 sources

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Brazil guarantees paid leave for domestic violence victims

President Luiz Inácio Lula da Silva has signed a binding legal opinion from the Attorney General's Office (AGU) to guarantee paid leave for up to six months for women victims of domestic violence who are removed from their workplaces by judicial protective orders under the Maria da Penha Law.

The measure incorporates a Supreme Federal Court (STF) decision into federal administrative rules. For employees with formal ties, the employer is responsible for the first 15 days of leave, while the National Social Security Institute (INSS) covers the period from the 16th day onward. For women with social security ties but no formal employment (such as individual contributors or special insured), the INSS will pay the benefit in full. For those without social security ties, the benefit will be provided as social assistance by the state, federal district, or municipality designated by a judge.

The new regulation eliminates the need for a new INSS medical examination, as the judicial protective order serves as sufficient documentation. Additionally, victims do not need to meet a minimum contribution grace period, no social security contributions will be deducted from the benefit, and the period counts toward retirement. The INSS will also pursue legal action against aggressors to recover the costs paid to the victims.

Entities

Advocacia-Geral da União · Brasil · Brazil · INSS · Instituto Nacional do Seguro Social · Jorge Messias · Lei Maria da Penha · Luiz Inácio Lula da Silva · Supreme Federal Court · Supremo Tribunal Federal

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