The Federal Supreme Court (STF) resumed this Friday (5) the virtual trial that will decide whether women victims of domestic violence can receive benefits from the National Social Security Institute (INSS) during the period they are away from work. 
The trial of the case began on August 8, but was suspended due to a request for review made by Minister Nunes Marques.
When voting on the issue today, the minister formed score of 9 votes to 0 to confirm the vote of the rapporteur, minister Flávio Dino, in favor of the payment of benefits.
In addition to Dino, ministers Alexandre de Moraes, Cristiano Zanin, Cármen Lúcia, Luiz Fux, Dias Toffoli, Edson Fachin and André Mendonça voted in the same direction.
THE Electronic voting runs until Friday (15). Minister Gilmar Mendes’ vote is missing.
Understand
THE Maria da Penha Law defined that the Court must ensure that women in situations of domestic violence maintain their employment relationship for six months. The measure applies to cases where it is necessary to leave the workplace.
In Flávio Dino’s understanding, maintaining the employment relationship involves the protection of women, including maintaining income.
Therefore, according to the minister, women have the right to a social security or assistance benefit, depending on the link with social security.
INSS Insured
In the case of women who are insured under the General Social Security Regime, as an employee, individual contributor, optional or special insured, Dino understood that the first 15 days of compensation for leave will be the responsibility of the employer. The remaining period is the responsibility of the INSS.
For those who do not have an employment relationship, but contribute to the INSS, the benefit must be paid in full by the agency.
Not insured – Dino understood that women who are not INSS insured should receive the Continuous Payment Benefit (BPC). In this case, the Court must prove that the woman has no other means of maintaining her income.
