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Foreign resident in the country is entitled to the concession of welfare benefit, decides STF

Thursday, April 20, 2017

The Brazilian Federal Supreme Court (STF) unanimously decided that the condition of a Brazilian citizen residing abroad does not prevent it from receiving of the Continuous Service Benefit (BPC), paid by the National Social Security Institute (INSS) to persons with disabilities and the elderly who prove that they do not have the means to provide for their own maintenance or have the support provided by their family, provided that the necessary requirements for the concession are fulfilled.

In the judgment concluded on Thursday (20), the Plenary dismissed Extraordinary Appeal (RE) 587970, in which the INSS questioned the decision of the First Panel of the Federal Special Court of the 3rd Region which condemned him to grant to an Italian woman residing in Brazil for 57 years the welfare benefit of a minimum wage, provided for in article 203, item V, of the Federal Constitution.

The extraordinary appeal has a recognized general repercussion, which means that the understanding signed today by the Supreme Court must be applied by other instances of the Judiciary to similar proceedings. The approved thesis of general repercussion is as follows: "Foreigners residing in the country are beneficiaries of the social assistance provided for in article 203, item V, of the Federal Constitution, once the constitutional and legal requirements have been attended."

In his vote, the rapporteur of the appeal, Justice Marco Aurelio, highlighted the contribution of foreigners in the formation of the Brazilian nation, stating that the Federal Constitution did not distinguish between native born or naturalized Brazilian and foreigner residing in the country when it provided social assistance to the homeless. "Alongside the indigenous peoples, the country was formed by immigrants, mostly European, who fostered the development of the nation and contributed greatly to the creation and consolidation of Brazilian culture," he said.

"Since the creation of the Brazilian nation, the presence of the foreigner in the country has been encouraged and tolerated, and it is not consistent with history to establish differentiation solely by nationality, especially when dignity is in check, at a time of human frailty, old age or some kind of disability, "he said.

Read more:
Estrangeiro residente no país tem direito à concessão de benefício assistencial, decide STF


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