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Published 01/01/2021 11:48 AM
Brasilia – The Continuous Quota Benefit (BPC) will be granted to families with per capita monthly income less than a quarter of the minimum wage, starting this Friday. The text takes effect immediately and, as determined by Estadão / Broadcast, can exclude up to 500,000 Brazilians from receiving the benefit.
The President of the Republic, Jair Bolsonaro, signed a provisional measure that alters Article 20 of Law No. 8,742, of 1993, and establishes the income criteria required for the purposes of collecting the BPC.
Originally, Law 8,742, of 1993, adopted this same criterion, that is, it considered incapable of providing for the support of the disabled or elderly the family whose monthly per capita income was less than a quarter of the minimum wage. This criterion was maintained by Law 12,435, of 2001.
Recently, however, the National Congress approved the expansion of the income criterion to half the minimum wage, with Law No. 13,981, of 2020.
This rule, in turn, was vetoed by the president, because, according to the General Secretariat of the Presidency, it created mandatory expenses without indicating the source of financing, in addition to not having a budget and financial impact study. According to the government, this would violate the Fiscal Responsibility Law.
The veto was finally revoked, giving rise to Law No. 13,981 of 2020. With the matter submitted to the Federal Supreme Court (STF), a precautionary measure was granted to suspend the validity of the provision.
As a result, Law No. 13,982 of 2020 came into force, which reestablished the criterion of income equal to or less than a quarter of the minimum wage, however, in force until December 31, 2020. “Said Law established the criterion income equal to or less than half the minimum wage, to be adopted as of January 1, 2021. This provision was also vetoed, for the same reasons as the veto that occurred with Law No. 13,981, of 2020. Before This situation, after December 31, 2020 would cease to exist, in the infra-constitutional legislation, an objective criterion for defining income ”, explains the General Secretariat.
The secretariat adds that “such a situation of uncertainty and legal insecurity led to the issuance of the current provisional measure that aims, precisely, to reestablish the objective criterion of access to the PCB, starting in 2021, removing the term that exists today.”
* With information from Agência Brasil
