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International Agreements   social Security

                                         International Agreements 

Published: 05/01/2013 1:49 pm
Last modified: 10/14/2015 17:20
The International Agreements are part of the context of Brazilian foreign policy, conducted by the Ministry of Foreign Affairs, and are the result of efforts by the Ministry of Social Security and diplomatic understandings between governments.

The reasons why the Brazilian Government signed International Agreements with other countries fall into at least one of the following situations:

high volume of foreign trade;
receipt in the country of significant foreign investments;
reception, in the past, of intense migratory flow;
special friendship relationships.


The main objective of the International Agreements is to guarantee the social security rights provided for in the legislation of both countries to the respective workers and legal dependents, resident or in transit in the country.

The International Social Security Agreements establish a relationship for the provision of social security benefits, not implying the modification of the legislation in force in the country, with each contracting State being responsible for analyzing the requests for benefits presented and deciding on the right and conditions, according to its own applicable legislation, and the respective Agreement.
MULTILATERAL AGREEMENTS

CPLP (PORTUGUESE LANGUAGE COMMUNITY)
Agreement (Multilateral Convention on Social Security of the Community of Portuguese-Speaking Countries)

ATTENTION: The above Agreements will only come into force after the ratification process by the parliaments of the countries (in the case of Brazil: after ratification by the National Congress and the publication of the respective Presidential Decree).

Competent authority in Brazil

The Minister of State for Social Security

At the Ministry of Social Security, the Office of International Affairs, of the Executive Secretariat, is the body responsible for the celebration of International Agreements and for monitoring and evaluating their operation.

International Affairs Office / SE/MPS
Esplanada dos Ministérios, Bloco F – room 640, Brasília (DF) – CEP 70.059-905

Phone: (61) 2021-5179

Fax: (61) 2021-5892

Management Entity

It is the Institution competent to grant the benefits provided for in the Agreements. In Brazil, the Managing Body is the National Institute of Social Security – INSS, which operationalizes the Agreements through the Liaison Bodies, after the instruction of the processes by the specific state sectors.

Beneficiaries of International Agreements

Beneficiaries of the International Agreements are the insured and their dependents, subject to the Social Welfare Schemes provided for, according to each Agreement

Services provided for in International Agreements

Social Security Agreements apply to benefits as specified in each Agreement with respect to events:

incapacity for work (permanent or temporary);
work accident and occupational disease;
service time;
old age;
death;
professional rehabilitation;
Certificate of Temporary Displacement and Contribution Exemption

The employee/self-employed person will be provided with a Certificate of Temporary Displacement, aiming at exemption from affiliation to the Social Security of the Agreeing Country where he will provide service, remaining linked to the Brazilian Social Security. The request must be made by the employer/self-employed, as the case may be, at the Social Security Agency of preference of the interested party.

Note: Only the Agreements in force between Brazil and Canada, Italy and MERCOSUR do not provide for temporary displacements for self-employed workers.

The insured must carry a copy of the Certificate of Displacement. The travel period may be extended, subject to the terms and conditions set out in each Agreement.

NOTE: The benefit request, including the benefit of the legislation of the other Country, must be filed with the Management Entity of the country of residence of the interested party.

In Brazil, the requirements can be formalized in the Social Security Agencies of preference of the interested party, who will later forward the process to the corresponding Liaison Agency.

Transfer of Benefits Abroad

The request for transfer of benefit, maintained under Brazilian legislation, for receipt abroad may be requested by the beneficiary for the Bilateral Agreements. In this case, the insured person must, before moving or traveling for a long time, request the transfer from the Social Security Agency – APS, where the benefit is maintained.

When the insured returns to Brazil, he must inform the nearest APS of his new address.

Such procedures must be followed in order to avoid suspension of benefit payment.

Liaison Bodies in Brazil

Liaison Bodies are the bodies designated by the competent authorities of the Social Welfare Agreements to communicate with each other and ensure compliance with the requests made within the scope of the Agreements, as well as the due clarifications to the insured/beneficiaries.

http://www.previdencia.gov.br/a-previdencia/assuntos-internacionais/assuntos-internacionais-acordos-internacionais-portugues

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