Politics · Brazil · 3 hrs ago
INSS benefit provides income to women removed from work over domestic violence
Brazil has set rules for an INSS benefit for women facing domestic violence who are ordered by a court to leave work as a protective measure under the Maria da Penha Law.
The rules cover insured workers in any category of the country’s general social security system.
The law allowed a judge to order a woman away from work for up to six months while keeping her job, but it had not clearly said who would pay her income.
Now, the court order is enough to apply, without a medical review, a waiting period or a separate lawsuit against the INSS.
The woman applies through the INSS app, website or phone service and must show the court decision and proof she was insured.
Payments can last up to six months and are calculated from her contribution record, within set minimum and maximum limits.
For employees, the employer pays the first 15 days and the INSS pays from the 16th; for other insured categories, the INSS pays from the start, while women without social security coverage may qualify for assistance from local or state authorities.
The INSS will seek to recover the amounts paid from the abuser through legal action.
Women covered by Brazil’s social security system can receive income if a court orders them to leave work as a protective measure in a domestic violence case.
A joint regulation published on October 9 sets out how the INSS benefit is granted and paid.
Applicants must provide the court decision and prove they were insured when the leave began, or when the decision was issued if no start date is given.
The benefit is calculated from the claimant’s contribution history, with a minimum of the national minimum wage and a maximum of R$ 8,475.55.
Payments last for the period set by the court, up to six months, and women who are not insured may qualify for assistance paid by a government authority.
- Who
- Women insured under Brazil’s General Social Security Regime who are ordered by a court to leave work as a protective measure.
- What
- The INSS will pay the Benefício de Afastamento Protetivo – Lei Maria da Penha. Women who are not insured may qualify for separate assistance.
- When
- The joint regulation was published on October 9, 2026. Payments last for the period set by the court, up to six months.
- Where
- Brazil.
- Why
- To provide income to women who leave work under a court-ordered protective measure in a domestic violence case.
This story does not have two clearly opposing sides.
President Luiz Inácio Lula da Silva signed the AGU opinion supporting paid leave for women ordered by a court to leave work as a protective measure.
The Ministry of Social Security and the INSS published Joint Ordinance No. 48, setting out rules for the benefit.
- Benefit name
- Benefício de Afastamento Protetivo – Lei Maria da Penha
- Maximum payment period
- Six months
- Maximum benefit amount
- R$ 8,475.55
- Employee payment split
- Employer pays the first 15 days; the INSS pays from the 16th day
- INSS application channels
- Meu INSS app, website and Central 135
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What people are saying
The STF's understanding covers insured persons under the General Social Security Regime and also provides for assistance for women without social security coverage