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Can Jair Bolsonaro win PIS Pasep in 2019? The finance ministry released a report last week suggesting that the Bolsonaro government put an end to the wage subsidy (PIS / Pasep) and revise the BPC (19459004), paid to the elderly poor or disabled. 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 a benefit for low-income people (the 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 2017/2018 fiscal year, the Ministry of Labor estimated that expenditures would be R16.6 billion 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 the applied economy of the FGV Ibre ( Brazilian Economics Foundation) Manoel Pires, even if the government changed the method of payment again, there would be no significant savings to make
"It's already done. The economy would be small.It is necessary to advance simultaneously in several subjects.In the case of credit, it is a 14th salary.Maybe it was better to invest in the unemployed.It does not protect not those who need it most. "
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. income and has a major impact on the economy. Are there poorer people? Yes, but that does not mean that those who receive the allowance have a high income. Now, will you remove those who have low wages to give to those who are in misery? I prefer to take in the rich. "
BPC (Continuous Benefit Benefit)
What is it: It is a social benefit for low-income people. They have the right:
- Seniors: 65 years of age or older
- Persons with disabilities: of all ages At least two years of physical, mental, intellectual or sensory nature must be proven.
Income per annum family member (elderly or disabled) must be less than a quarter of the current minimum wage (R $ 238.50 in 2018)
The amount of the benefit is a minimum wage (R $ 954 in 2018). is a social benefit, it is not necessary to have contributed to the INSS The number of beneficiaries and how much it costs the government
According to the latest Statistical Bulletin on Social Security, with data dated October 4
What would it take to change
The reform of Michel Temer's pension plan included modifications to the BPC . 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 go back to the minimum age of five, for example, imagine who is already suffering from misery." It would take another five years to start receiving the benefit. "
According to Roberto de Carvalho Santos, president of the Instituto de Estudos Previdenciários, the law created different poverty criteria for each social program, which also resulted in a large number of prosecutions. He says that although PCBs and Bolsa Família are good for low-income people, they are reaching out to different audiences.
"In addition to the criterion of misery, there is the question of age or disability, which is different from Bolsa Família.BPC may not have the same range of distribution, but it does not mean that it has to extinguish it.It is necessary to be more rigorous in identifying people who become irregular rather than finish or set a lower value. "[19659022] The changes require negotiation efforts, according to the experts
Rodrigo Salerno, specialist in labor law and professor at the Faculty of Law of the CEU. , said the changes would require political negotiations.
"From an economic point of view for the Union, the changes would be extremely advantageous, but for the moment, is there a sufficient basis for modifying or proposing changes having a significant impact on a population layer as well? The revision of the rules of the two advantages would require a very broad consensus of the group, in particular the Centrão. "
Marcos Antônio de Andrade, professor of economics at the Mackenzie Presbyterian University, is of the same opinion. "This is a political problem." The new government, in this transition period, can negotiate for some form of parliamentary support for the adoption of these measures, and Vasconcellos also said that in both cases, at process of discussion in Congress, it would be badyzed whether the cessation of payment or the modification of the PCB code would not violate a restrictive clause, which are rights that can not be modified or negotiated.
"Any amendment or bill must go through a Commission of the Constitution and Justice. The main role is to determine whether the proposal is constitutional or not. And even in force, there are still tools to question. "
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