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Last week, the Ministry of Finance released a report in which it notably suggested to the government of Bolsonaro to put an end to the wage premium (PIS / Pasep) and to revise the BPC (continuous advantage) paid to the elderly poor or handicapped. But can this be done immediately by the government or must it go through Congress or amend the Constitution?
The wage premium is an annual payment for those who meet criteria such as those who have worked with an official contract for at least 30 days and who earn a maximum of two minimum wages. The current government proposes to abolish the allowance because it represents a program that benefits people far from extreme poverty, because those who benefit are people who have jobs and who work in the formal sector.
PCB is an advantage for low-income people (elderly or disabled). The report indicates that the advantage represents "higher cost, higher level of judicialization and less attention to the poor, compared to other social programs such as Bolsa Familia" [19659004]. But it is possible to extinguish or modify these benefits, as suggested by the farm? What path should the new government take?
What: The PIS / Pasep pay premium is an annual payment for those who meet all of the following criteria:
- Worked with an official contract for at least 30 days per year year;
- He earned at least two minimum wages on average per month;
- He has been a member of PIS / Pasep for at least five years
- The society in which he worked correctly reported to the government
The maximum amount paid corresponds to a minimum wage (R $ 954 in 2018) and varies depending on the person's employment time.
How many people benefit and how much does it cost the government?
During the fiscal year 2017/2018, the Ministry of Labor estimated that the expenditure would be 16.6 billion rand to benefit 24.5 million people. Who does not make the withdrawal on time is left without the money, which goes to the FAT (Workers Assistance Fund).
What should be done to put an end to credit?
Payment of the PIS / Pasep wage premium is guaranteed by the Federal Constitution. PIS and Pasep are contributions from public and private companies that go to FAT. It's this fund that pays the salary bonus and unemployment insurance, for example. Part of the funds collected is also reserved for the BNDES [Banque nationale de développement économique et social]
. To extinguish the payment, the government should obtain the approval of a CEP (Constitutional Amendment Proposal) in Congress. has a stricter path. The proposal should go through two rounds of voting in the House and two in the Senate, in addition to getting three-fifths of the votes in each House (308 votes in the House and 49 in the Senate).
If the government wants to make other changes (such as changing the calculation of values), it is possible to avoid PEC. According to the constitutional law specialist and university professor Marcus Vasconcellos, it is possible to make other amendments by bill or by interim measure. In these cases, there is a vote in the House and another in the Senate, by a simple majority of votes (half plus one).
The change by member has already been used before. At the end of 2014, former President Dilma Rousseff had changed the amount of the allowance which was still a minimum wage, regardless of the length of the work, and became proportional.
A new modification of the method of payment would be of no help, says an expert
For the principal investigator in the field of applied economics of the FGV Ibre ( Brazilian Economics Foundation) Manoel Pires, even if the government changed the way of payment again, there would be no significant savings.
"If this happened again, the economy would be necessary to advance in several matters simultaneously.In the case of payment, it is a 14th salary.It would be possible -be better to invest in those who are unemployed.This does not protect who needs it most. "
Already for the technical director of Dieese (Department of Statistics and Socioeconomic Studies) Clemente Ganz Lucio, the allowance was created to compensate for the low minimum wage.
"This allowance contributes to the composition of the employees' income and has a significant impact on the economy.Are there any poorer people? Yes, but that does not mean that those who receive the income are not the only ones who are not. have a high income Now will you remove those who have low wages to give to those who are in misery?
- Seniors: 65 years and over
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That is it is: It is an badistance benefit for low-income persons 19659008] Persons with disabilities must be at least two years old of a physical nature , mental, intellectual or sensory
It is necessary that the income per person of the family (elderly or disabled) is lower (R $ 238.50 in 2018)
The amount of the benefit is a minimum wage ( R $ 954 in 2018).
According to the last Social Security Statistical Bulletin, the Institut na Social Security (INSS) with data from October, 4.6 million people received PCBs
The reform of the pension fund of Michel Temer included modifications number of employees and number of employees in the company. PCBs . The initial proposal was to raise the minimum age to 70 and to separate BPC from the minimum wage.
The Business Corporations Act is provided for in Article 203 of the Constitution, which provides for a minimum wage for the disabled and the elderly who prove that they do not have the means to support themselves or to be supported by their families. . However, the details of PCBs as age and the poverty line are contained in the Organic Law on Social Assistance, known as Loas.
According to legislative consultant Pedro Fernando Nery, to change the value of the benefit, the government should send a CEP. The minimum age and the poverty line could be modified by a bill or an interim measure.
For Vasconcellos, further increase in age could lead to further prosecution. To avoid this, the government should set the minimum age in the Constitution itself, which the CEP does not allow.
Experts Advise Advantage
For Lawyer João Badari, Harden the Rules of the BPC Would Not Provide Assistance to a Portion of the Population in Need of Assistance financial. "It would be inhuman, we do not know what will happen, but if we raise the minimum age of five, for example, imagine who is already suffering from misery, do not survive."
For Roberto de Carvalho Santos , president of the Institute of Social Security Studies (Ieprev), the law created different poverty criteria for each social program, which also generated a large number of lawsuits. He says that although PCBs and Bolsa Família are good for low-income people, they are targeting different audiences.
"In the BPC, besides the criterion of misery, there is the question of age or disability, but that does not mean that it has to be extinguished. to identify which becomes irregular rather than to end or to establish a lower value. "[RodrigoSalemospecialistofworkplaceworkandteacherwiththeCEDUrightguidecausechangeswouldrequirepoliticalnegotiations
" In the economic part of the union, the changes would be: However, for the moment, is there any basis? enough to change or propose changes that have a significant impact on such a large population, Marcos Antônio de Andrade, professor of economics at Mackenzie Presbyterian University, agrees on a broad consensus, particularly on the Centrão. "
" It's a political problem, and the new government, in this transition period, can negotiate to get a form of parliamentary support to approve these measures. although, in both cases, during the debates in Congress, it would be badyzed whether the termination of payment or the modification of the PCB code would not constitute a violation of a restrictive clause, which are rights that can not be modified or negotiated.
the bill must go through a commission of the Constitution and justice. Its main role is to give an opinion, constitutional or otherwise, on the proposal. And even in force, there are still instruments to challenge. "
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