THE Federal Supreme Court (STF) decided to guarantee that women victims of domestic violence can receive benefits from the National Social Security Institute (INSS) if they needed time off from work.
The Court published this Tuesday (16) the final decision in which validated the rules of the Maria da Penha Law that ensure the benefits.
THE law defined that the Court must ensure that women in situations of domestic violence maintain their employment relationship for six months while recovering from the damage caused by the attackers.
Unanimously, the ministers recognized that women in situations of violence have the right to a social security or assistance benefit, according to 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, the STF 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 – The STF understood that women who are not INSS insured must receive the Continuous Payment Benefit (BPC). In this case, the Court must prove that the woman has no other means of maintaining her income.
According to the decision, the request for the benefit must be made by the criminal judge responsible for analyzing the protective measures, which are also provided for in the Maria da Penha Law.
The Court also defined the jurisdiction of the Federal Court to judge regressive actions to charge the aggressors for INSS expenses with the payment of benefits.
