Aula Gratuita para o INSS - Direito Previdenciário (Parte 2/12)

Summary

The script discusses the principles and functioning of the Brazilian Social Security system, emphasizing the mandatory and contributory nature of general social insurance. It covers the importance of having a prior funding source for benefit expansion, the progressive nature of contributions based on company size and market conditions, and the non-reduction principle of benefits. The video also explains the different types of beneficiaries, including mandatory and voluntary insured individuals, and their rights to various benefits and services in the event of social risks such as old age, disability, and death.

Takeaways

• 📜 The script discusses the principles of the Brazilian Social Security system, emphasizing the need for prior funding sources before extending or creating benefits.
• 💼 It mentions the expansion of benefits for certain groups, such as domestic workers, under the PEC (Proposta de Emenda à Constituição), highlighting the requirement for regulatory measures to make these benefits effective.
• 📊 The concept of 'counterpart' is explained, which refers to the source of funding needed to support the extension of benefits, potentially involving increased contributions from employers or the creation of new contributions.
• 📉 The script touches on the principle of progressivity in contributions, which allows for differentiated rates based on factors like company size, activity, market conditions, and labor force usage.
• 🔢 The 'Pacu rule' is introduced, which is a guideline for determining the contribution rates for small businesses, emphasizing the flexibility in contribution rates based on various economic factors.
• 📝 The principle of nonagenary (90 days prior legislation) is explained, stating that contributions for Social Security can only be charged after 90 days from the publication of the law.
• 🔒 The script underlines the principle of irreducibility, which ensures that the real value of benefits is maintained to preserve the purchasing power of the beneficiaries.
• 👥 The beneficiaries of the Social Security system are categorized into mandatory and optional contributors, with mandatory contributors being those who are legally required to contribute, such as employees and self-employed individuals.
• 👨‍👩‍👧‍👦 The script explains the different types of beneficiaries, including spouses, children, and parents, and the economic dependency that qualifies them for benefits such as survivors' pensions.
• 🚫 It clarifies that voluntary unemployment is not covered by Social Security benefits, contrasting with the coverage provided for involuntary unemployment through other insurances.
• 👶 The script also addresses the protection of maternity, indicating that benefits such as maternity leave are provided to cover this specific social risk.

Q & A

What is the principle of counter-partida mentioned in the script?

The principle of counter-partida states that no benefit service can be created, increased, or extended without a prior source of funding. It emphasizes the need for a source of funding for any expansion of benefits, such as considering low-income insured individuals.

What is the role of the 'PEC das domésticas' in the context of the script?

The 'PEC das domésticas' is an amendment that expanded labor rights for domestic workers, including the provision of accident aid, family salary, and other benefits. However, these benefits are not yet effective in practice due to the lack of regulation for these categories.

What does the script imply about the source of funding for expanded benefits?

The script implies that for benefits to be expanded, such as for domestic workers, there must be a prior source of funding. This could involve increasing the contribution rate from employers or creating a new contribution category.

What is the principle of progressivity in contributions as discussed in the script?

The principle of progressivity in contributions allows for differentiated contribution rates based on factors such as the size of the company, its activity, market conditions, and labor force usage. This principle is reflected in the 'regra do pacu' which adjusts contributions for small businesses, for example.

What is the 'regra do pacu' mentioned in the script?

The 'regra do pacu' is a rule that adjusts contribution rates for companies based on their size, activity, market conditions, and labor force usage, allowing for differentiated rates, especially for small businesses like micro-enterprises.

What is the principle of nonagenary or 'noventena' in the context of social security contributions?

The principle of nonagenary, or 'noventena', states that all contributions due to social security can only be charged after 90 days of the publication of the law. This ensures that contributions follow the legal framework and respect the established timeline.

What are the risks covered by the social security system as outlined in the script?

The social security system covers risks such as death, disability, old age, and unemployment (voluntary). It provides benefits like pensions for death, disability, and old age, as well as maternity and family allowances.

What is the difference between mandatory and facultative insured individuals in the social security system?

Mandatory insured individuals are those who are legally required to contribute to the social security system, such as employees, domestic workers, and individual contributors. Facultative insured individuals, on the other hand, have the option to contribute if they wish to, like housewives or students.

What are the benefits that cannot be less than the minimum wage as per the script?

According to the script, benefits that cannot be less than the minimum wage include pensions, maternity pay, and family salary. However, the accident aid can be less than the minimum wage as it is an indemnification payment.

What is the principle of irredutibility in the context of social security benefits?

The principle of irredutibility ensures that the real value of social security benefits is maintained to preserve the purchasing power of the beneficiaries, protecting them against inflation and ensuring their financial well-being.

What is the role of the 'salário de contribuição' in calculating social security benefits?

The 'salário de contribuição' or contribution salary is the base for calculating social security contributions and benefits. It is adjusted for inflation when calculating benefits like pensions to ensure that the benefits maintain their value over time.