Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Brazil (Ratification: 1969)

Article 5 of the Convention. In its previous comments, the Committee asked the Government to continue to supply statistical information on the number of beneficiaries of Brazilian social security benefits residing abroad and on the amount of the benefits transferred by Brazil country-wise. In reply, the Government stated in a report received in 1996 that the concern for meeting adequately the growing demand for benefits under the bilateral social security agreements concluded by Brazil, has lead to some decentralization and the creation of three administrative divisions at the national level. It added that the collection of quantitative data in regard to all the individuals covered by these agreements was not yet completed, but would be sent to the ILO, as soon as available. In its last report of 1997 the Government provided the statistical information on the number of beneficiaries receiving Brazilian social security benefits in Portugal, Spain and Greece. The Committee hopes that in its next report the Government will be able to provide fuller statistics, by country of payment, in regard to the number of beneficiaries residing abroad and the amounts of benefits transferred abroad.

As regards more particularly the reasons for the sharp decrease of the number of beneficiaries residing in Italy, for which the Committee inquired in its previous comments, the Government indicates that the corresponding statistics are not available due to the fact that benefits are paid directly by the federal States to the designated substitutes of the beneficiaries in Brazil. It also states that a new bilateral social security agreement has been signed with Italy on 26 June 1995 (in addition to the Migration Agreement of 1960). The Committee notes in this respect that, according to section 5(1) of this agreement, cash benefits due under the legislation of a contracting party are to be paid in full, without any restriction, to the persons residing on the territory of the other contracting party. In addition, section 23 of the agreement specifies that payment of benefits should be made directly to the beneficiaries residing in the other contracting party by the competent institution of each of the contracting parties in its own currency or by the competent institution of the country of residence of the beneficiary according to the arrangements made between the institutions of both countries. The Committee further notes that, according to section 203 of the Decree No. 2.172 of 5 March 1997 approving the new Regulations on social insurance benefits, the provision of the benefit due to the beneficiary residing abroad is effected under the terms of the agreement between Brazil and the country of residence of the beneficiary in question. As in spite of these provisions of legislation and the bilateral agreement with Italy, the report maintains that beneficiaries residing in Italy continue to be paid the benefits due to them through their substitutes in Brazil, the Committee would be grateful if the Government would clarify in its next report the situation in law and explain how payment of benefits is made in practice by the competent institution of Brazil to the beneficiaries residing in Italy through their designated substitutes.

Articles 7 and 8 (in relation to Article 10, paragraph 1). In reply to Committee's previous comments, the Government indicates in its report of 1996 that, in addition to Italy, new social security agreement have been signed with Greece and revised agreements -- with Chile and Portugal, and that a multilateral agreement among the MERCOSUR countries is being negotiated which will replace bilateral agreements existing between MERCOSUR countries. The Committee notes with interest that the agreements concluded with Italy, Greece and Chile apply to all the workers covered by the social security schemes of the contracting States, irrespective of their nationality, and that the same broad approach permitting to give better effect to these provisions of the Convention, is also followed by the draft multilateral agreement among the MERCOSUR countries. It further notes, from the report of 1997, that the bilateral agreements with Austria, Canada, Guatemala and the United States are still under negotiations. The Committee requests the Government to indicate the progress achieved in this field and to supply the text of any new agreement concluded.

[The Government is asked to report in detail in 1999.]