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September 6, 2022
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New law makes INSS medical expertise more flexible

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President Jair Bolsonaro sanctioned, with vetoes, Law No. 14,441 resulting from Provisional Measure (MP) 1,113/2022, which amends the rules for analyzing and granting benefits of the National Institute of Social Security (INSS).New law makes INSS medical expertise more flexible

The information was released this Monday (5) by the Presidency of the Republic, in Brasília. The norm had been approved by the Senate at the beginning of last month.

According to the text approved by senators, passing a federal medical examination is waived for requests for assistance for temporary incapacity (formerly sick leave).

In this way, the Ministry of Labor and Welfare will define the conditions for exemption from the exam. It will define when the granting of temporary disability aid will be subject to document analysis, including medical certificates and reports. This model was used in the last two years (2020 and 2021) due to restrictions caused by the covid-19 pandemic.

According to the federal government, the purpose of the MP is to reduce the waiting time for scheduling the Federal Medical Expertise, which currently takes an average of 60 days and has 738,000 pending requests.

vetoes

Alleging contrary to the public interest, the president vetoed the repeal of sections that altered Law 13,240/15, which deals with the use of properties belonging to the General Social Security Regime Fund (FRGPS).

One of the vetoes was the revocation of the provision according to which the FRGPS will be responsible for the expenses arising from the conservation, evaluation and administration of the properties that constitute its real estate assets.

Among the reasons given for the veto is that “such a measure could lead to the possibility that everyone, even those who do not absorb benefits from the General Social Security Regime, bear the costs of administration and conservation of properties, whose ownership does not belongs to the Union, but to the General Social Security Regime Fund”, informed the General Secretariat of the Presidency.

The other veto was the repeal of the provision that provided that, in the case of non-operational properties under the management of the Secretariat for Coordination and Governance of Union Heritage, the Special Secretariat for Privatization, Divestment and Markets of the Ministry of Economy, the Union will represent the General Social Security Scheme Fund in rights, credits, duties and obligations and shall exercise the attributions and powers provided for by law.

The argument for the veto was that the repeal of this provision would remove the legal support of the Secretariat for Coordination and Governance of the Union’s Heritage to represent the Fund of the General Social Security Regime in signing contracts, in judicial representations and in other necessary formal actions. management of non-operational properties handed over to the agency.

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