Melhores Advogados de Segurança Social em Brasil

1. About Segurança Social Law in Brazil

Segurança Social law in Brazil governs the social protection system, including retirement, disability, sickness, and survivor benefits. The Regime Geral de Previdência Social (RGPS) covers most workers in urban and rural sectors, as well as self-employed contributors who join the system. This framework is administered primarily by the Instituto Nacional do Seguro Social (INSS), under the oversight of the Ministério da Economia.

Key legal sources establish eligibility, contributions, and benefit calculation. The Federal Constitution sets the broad protections and objectives of social security. Specifically, Article 201 describes the social security system and its goals, including retirement and ongoing assistance for those in need.

Constitutional protections define the scope and goals of social security for Brazil.

Two foundational statutes define benefits and contributions in detail: Lei 8.212/1991 ( Plano de Benefícios da Previdência Social ) and Lei 8.213/1991 ( Planos de Benefícios da Previdência Social ). These laws regulate how contributions are collected and how benefits are calculated.

These laws structure the funding and benefit rules for the RGPS.

Administrative rules are consolidated in Decreto 3.048/1999, which governs the RGPS regula- tions. Regular updates and reforms affect eligibility rules and transitional provisions. For instance, the 2019 reform introduced by Emenda Constitucional 103/2019 altered retirement age and contribution requirements for new workers.

The RGPS framework responds to changing demographics through legal updates and transitional rules.

2. Why You May Need a Lawyer

When dealing with Segurança Social matters in Brazil, a lawyer can help you navigate complex eligibility criteria, deadlines, and documentary requirements. Legal counsel can also assess whether you should pursue administrative relief or a judicial claim for greater protections or retroactive benefits. Below are concrete scenarios where expert help is often essential.

• Denied or Suspended Benefit: A factory worker was awarded sickness benefits for six months, but INSS later suspended the payment due to incomplete medical documentation. A lawyer can identify missing evidence, file an administrative appeal, and, if needed, pursue a judicial review to restore benefits.
• Benefit Calculation Errors: A longshoreman noticed his retirement benefit was calculated using outdated contribution time. A legal professional can request a review of the calculation, adjust retroactive payments, and ensure future payments reflect correct contributions.
• Pension for Dependents after a Death: A widowed spouse believes the pension por morte was undervalued because dependent children were not properly counted. A lawyer can verify dependents, review the calculation, and request a requalification if needed.
• Benefício de Prestação Continuada LOAS: A low-income senior with disabilities relies on LOAS. If INSS denies or terminates the benefit, counsel can prepare a thorough appeal, gather medical and financial documentation, and, if necessary, seek judicial review to secure ongoing support.
• Aposentadoria Rural or Autônoma with Transition Rules: A rural producer who contributed irregularly seeks retirement under rules that may have changed after 2019. A lawyer can map eligibility, verify time of contribution, and guide through transitional provisions.
• Questioning Eligibility for Transition Rules: A worker who started contributing before and after the 2019 reform is unsure how transitions apply. A specialized attorney can analyze the timeline, advise on best retirement path, and file necessary requests.

3. Local Laws Overview

The Brazilian social security system rests on several core statutes and regulatory instruments. Below are 2-3 specific laws or regulations by name, with their effective dates and notable implications for Segurança Social.

• Constituição Federal de 1988, art. 201: Establishes the general framework of social security and its objectives. Effective since the 1988 constitutional promulgation, with ongoing interpretation by courts. Key concept: social protection across retirement, sickness, disability, and survivor benefits. Planalto Constitution page.
• Lei n. 8.212, de 24 de julho de 1991: Plano de Benefícios da Previdência Social (Contribuição, rateios, tarifas e benefícios). Effective 1991; forms the funding basis for RGPS. Lei 8.212/1991.
• Lei n. 8.213, de 24 de julho de 1991: Planos de Benefícios da Previdência Social (Aposentadorias, auxílio-doença, pensão por morte, etc.). Effective 1991; defines benefit types and criteria. Lei 8.213/1991.
• Decreto n. 3.048, de 1999: Regula a Previdência Social no RGPS. Decreto 3048/1999.
• Emenda Constitucional n. 103, de 12 de novembro de 2019: Reforma da Previdência, com regras de transição e novos critérios de idade e tempo de contribuição para ingressos após 2019. Publicado pelo Planalto com alterações constitucionais relevantes.

Para consulta direta, utilize os portais oficiais de lei e Constituição, que contêm o texto completo e as alterações em vigor. Constituição Federal e os textos das leis 8.212/1991 e 8.213/1991 já citados acima fornecem o embasamento técnico essencial.

4. Frequently Asked Questions

What is RGPS and who benefits from it in Brazil?

The RGPS is the general social security regime for workers, including employees and many self-employed individuals who contribute. It provides retirement, disability, sickness, and survivor benefits. Beneficiaries include workers, their dependents, and, in some cases, disabled dependents seeking LOAS assistance.

How do I start an INSS benefit request online?

Begin at the official INSS portal and create a Minha Vida or Gov.br account. Prepare identity documents, proof of income, and medical reports if applicable. An initial online request is often followed by scheduling a formal assessment.

When will my INSS appeal decision be decided?

Administrative appeals typically take several months, but timelines vary by case and region. If a decision remains unresolved, you may escalate to judicial review for a court decision.

Where can I find the official INSS process guidelines?

Official guidelines are published on the INSS website and linked through Gov.br. These guidelines cover benefit types, eligibility criteria, and required documentation for each process.

Why might a benefit be denied and what can I do?

Common reasons include lack of documentation, insufficient contribution time, or medical assessments. You can appeal, request reconsideration, or file a judicial claim with professional assistance.

Can a lawyer help with a retroactive benefit payment?

Yes. A social security lawyer can assert retroactive payments when benefits were undercalculated or delayed due to administrative errors. Retroactive claims often involve complex documentation and timelines.

Should I apply for LOAS or wait for a different benefit?

LOAS is a social assistance benefit for low-income elderly or disabled individuals. If you qualify, LOAS can be pursued alongside other benefits, but eligibility and integration rules should be reviewed with a lawyer.

Do I need to prove time of contribution for retirement?

Yes. Time of contribution is a central eligibility factor for retirement. A lawyer can help verify records, address gaps, and pursue time recognition or correction when needed.

How long does a typical INSS appeal take in Brazil?

Judicial appeals can take 6 months to several years, depending on court backlogs and complexity. Administrative appeals usually resolve faster, but still vary by region.

What is the difference between LOAS and a regular pension?

LOAS provides a non-contributory benefit for low-income seniors or disabled individuals and does not require a history of contributions. A regular pension or retirement is contributory and relies on earnings and time of contribution.

Is it possible to appeal INSS decisions to the judiciary?

Yes. If administrative remedies fail or are unsatisfactory, you may file a civil action for social security benefits. A lawyer helps prepare evidence and select the best legal strategy.

How soon should I hire a social security lawyer after denial?

As soon as you receive a denial, consult a lawyer to review documents and plan an appeal. Early legal counsel often improves the chances of a favorable outcome.

5. Additional Resources

Access official sources to understand benefits, procedures, and rights under Segurança Social in Brazil.

• INSS - Instituto Nacional do Seguro Social: Official portal for social security benefits, requests, and services. INSS portal
• Lei 8.212/1991 - Plano de Benefícios da Previdência Social: Governs contributions and funding for RGPS. Lei 8.212/1991
• Lei 8.213/1991 - Planos de Benefícios da Previdência Social: Defines types of benefits and eligibility. Lei 8.213/1991
• Lei Orgânica da Assistência Social LOAS - Lei n. 8.742/1993: Provides the BPC for low-income elderly or disabled. Lei 8.742/1993

6. Next Steps

1. Define your objectives and gather all relevant documents, such as RG, CPF, NIT, comprovantes de contribuição, medical reports and statements from employers. This preparation reduces delays in any filing.
2. Identify a qualified Segurança Social lawyer with experience in RGPS, LOAS, and pension matters. Check the lawyer’s OAB registration and recent case outcomes when possible.
3. Schedule a consultation to review your case, discuss strategy, and ask about fees, timelines, and expected milestones. Request a written retainer and a clear fee agreement.
4. Decide whether to pursue administrative remedies first or go directly to judicial action. Your lawyer can map the best path based on your documents and jurisdiction.
5. File the claim or appeal through the INSS portal or relevant court, guided by your attorney. Track progress and respond to requests for additional information promptly.
6. Monitor decisions, deadlines, and potential retroactive payments. Prepare to adjust the strategy if new medical evidence or documents become available.
7. Review outcomes with your lawyer and plan next steps, including any further appeals or settlement opportunities as told by your counsel.