President Luiz Inácio Lula da Silva completely vetoed a bill that exempted pensioners due to permanent disability from periodic reevaluation. This decision was published in the Official Journal of the Union this Thursday 28 and has sparked important debates on the policy of social security benefits in Brazil.
The project, initially presented by the former deputy Rony Nemer in 2017 he suggested changes to social security plans and the organic law on social assistance. The goal was to eliminate reassessments for insureds with disabilities classified as permanent, irreversible or irrecoverable.
1/ 🧵 Waiving the revaluation of the pension for people with permanent disabilities is prohibited. President Lula vetoed PL 5.332/2023, which would exempt pensioners due to their irreversible inability for periodic revaluations. Find out more on the thread! 👇
— Ribeiro Torbes (@RibeiroTorbes) November 29, 2024
Why the veto imposed by Lula?
President Lula justified the veto based on the biopsychosocial approach to disability, which presupposes an interaction between physical impediments and the environment. According to him, the project ignored the possibility of therapeutic advances and technological innovations that could allow beneficiaries to resume activities. Therefore, classifying disability solely based on momentary clinical criteria could go against the public interest.
The project, by making revaluations impracticable, would jeopardize the adequate management of welfare and social security benefits. Without periodic reviews, there could be a continuation of benefits that are no longer justifiable, potentially resulting in an increase in mandatory public spending. For the government, this restrictive approach goes against the need for a dynamic and effective pension policy.
In his analysis, Lula stated that the project is in conflict with the Federal Constitution, especially regarding selectivity in the provision of services and with the International Convention on the Rights of Persons with Disabilities. These documents stipulate that support should be targeted to those who really need it, adapting to individual conditions and potential changes in the beneficiary’s ability to work.
Although the presidential veto is a decisive act, it can be analyzed and possibly overturned by the National Congress, which brings together deputies and senators in a special session. If there is a majority in favor of overriding the veto, the proposal could go into effect as originally conceived.
Source: Terra
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