Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 5 of the Convention. Payment of benefits abroad in the case of residence abroad. The Committee recalls that, for a number of years, it has been pointing out the need to incorporate into the Brazilian legislation a provision guaranteeing the payment abroad of the long-term social security benefits foreseen in Article 5 of the Convention. According to this provision, the payment of invalidity benefits, old-age benefits, survivors’ benefits and death grants, and employment injury pensions to Brazilian nationals and to the nationals of any other state which has accepted the obligations of the Convention for the same branch, as well as to refugees and stateless persons, must be guaranteed in case of their residence abroad, irrespective of the country of residence and even in the absence of any bilateral social security agreements with the country of nationality or the country of residence of the beneficiary concerned. Currently, in accordance with section 312 of the Social Security Regulations (SSR), approved by Decree No. 3048 of 6 May 1999, the payment of benefits abroad is made subject to the existence of the corresponding bilateral agreement with the country of residence of the beneficiary in question or, in the absence of such an agreement, to the adoption of the corresponding instructions by the Ministry of Insurance and Social Assistance (MPAS). Information supplied by the Government in 2007 stated that, in practice, benefits were not exported, even to countries with which Brazil had bilateral agreements (Argentina, Cabo Verde, Chile, Greece, Italy, Luxembourg, Portugal, Spain and Uruguay), except to beneficiaries resident in Spain, Greece or Portugal. A tender process was also reported to be in progress since 2000 to contract a bank to pay benefits to beneficiaries resident in countries with which Brazil has bilateral agreements and, subsequently, to beneficiaries resident in other countries. However, the Government has not supplied further information as to the concrete measures taken to implement section 312 of the SSR, merely stating that, in accordance with the rules established under the General Social Security Regime, insured persons are guaranteed payment of benefits irrespective of their country of residence, including by way of bilateral or multilateral social security agreements.

The Committee wishes to recall that, while bilateral or multilateral agreements represent means through which Article 5 of the Convention may be given effect, nationals from third countries moving their residence outside Brazil would generally not be covered by these agreements and would not therefore be eligible for the transfer of their benefits abroad. As regards the nationals of these countries, the Government has still not communicated the instructions adopted by the MPAS under section 312 of the SSR and the name of the bank charged with transferring the benefits abroad. The Committee once again requests information as to concrete measures taken to implement section 312. Pending receipt of this information, the Committee is bound to conclude that, in its current form, the Brazilian legislation does not give full effect to Article 5 of the Convention and urges the Government to take legislative and practical measures to address this situation.