INSS highlights advances in the LGBT+ agenda

This Friday, the 17th, is the International Day against LGBTphobia because, in 1990, on the same date, the World Health Organization (WHO) excluded homosexuality from the International Classification of Diseases and Related Health Problems (ICD). The objective of the date is to promote actions to combat prejudice and discrimination against LGBT+ people and raise awareness about respect for different sexual orientations and gender identities.

Although same-sex unions were only recognized by the Federal Supreme Court (STF) in 2011, the National Social Security Institute (INSS) has already recognized same-sex dependents for death pension purposes since 1991. In 2024, the Institute completes 33 years of legacy in combating social inequalities against the LGBT+ community.

Since the 90s, same-sex partners have been part of the preferential group of beneficiaries when recognizing the right to a death pension. This group also includes spouses, non-emancipated children under 21 and disabled dependents. The death pension covers the worker’s dependents in the event of the death of the family responsible (Article 74 of Law 8,213/91). The right to a pension guarantees equality between all dependents, regardless of the gender of their spouses or partners. Proof of a stable union ensures access to the benefit, without distinctions.

The lawyer specializing in Social Security Law, Eric Gonçalves, explains that all social security rights must be guaranteed equally for the entire population, without distinction of gender or sexual orientation.

“All labor and social security rights must be guaranteed to the LGBT community, as stipulated in the Federal Constitution, as they are fundamental rights. And when we talk about rights to equality, this deserves greater relevance,” he says.

The Institute’s commitment to diversity also extends to other benefits, such as maternity pay for same-sex couples and retirement for transgender citizens. These achievements guarantee equal access to social security rights for the entire population, promoting inclusion and combating discrimination.

In cases of adoption, it is necessary to pay attention to the following issues:

● Maternity pay will be granted to only one of the adopters in the same adoption process;

● If there is more than one child in the same adoption process, you will be entitled to only one maternity salary benefit;

How to request?

The entire process can be done online via the Meu INSS website and application. The duration of the benefit will be 120 days regardless of the age of the adoptee, who must be a maximum of 12 years old. Both adopters must apply for maternity benefit from adoption or custody for adoption purposes; You can prove it through the new birth certificate or custody agreement plus the documents required according to the category of the insured.

Shortage

There is no grace period for:

● The insured Employee, Domestic Employee and Casual Worker (who are active on the date of removal, birth, adoption or custody);

There is a ten-month grace period for:

● The Individual Taxpayer, Optional and Special Insured (rural) worker;

The waiting period may be a requirement for unemployed insured persons who prove their status as insured and will depend on the last category of insured before adoption.

If the citizen no longer has the status of insured, he or she must complete half of the grace period (five months).

For more information, call Central 135.