Federal government regulates compensation and pensions for victims of the Zika virus.

Alex Rodrigues - Reporter for Agência Brasil

The Ministry of Social Security and the National Institute of Social Security (INSS) have regulated, through a joint decree, the payment of compensation and special pensions to people with permanent disabilities caused by congenital syndrome associated with the Zika virus.

Published in the Official Gazette of the Union this Monday (8), Joint Ordinance No. 69 establishes compensation for moral damages of R$ 50 thousand – an amount that will be corrected by the National Consumer Price Index (Inpc) calculated between July 2 of this year and the effective date of payment of the compensation.

The text also establishes the obligation of the INSS (Brazilian National Social Security Institute) to pay people born with permanent disabilities resulting from congenital syndrome associated with Zika virus infection a special, monthly, and lifelong pension equivalent to the ceiling of benefits paid by Social Security – currently R$ 8.157,40.

Both the compensation and the special pension will be exempt from income tax. Furthermore, the special pension may be combined with other compensation for moral damages granted through specific legislation; and with the Continuous Benefit Payment (BPC). Proof of health condition will be provided through a report from a medical board, which will be analyzed by the Federal Medical Expertise.

The measure complies with Law No. 15.156, which established the date for the retroactive application of the compensation. The law was enacted on July 2nd of this year, after the National Congress overturned the presidential veto of Bill (PL) 6.604/2023.

With the veto being overturned and Bill 6.604 becoming Law 15.156, mandating the payment of financial aid to victims of the Zika virus, the Attorney General's Office (AGU) asked the Supreme Federal Court (STF) to recognize, on an exceptional basis, the legal possibility of the Union implementing and granting the benefits. The petition was addressed to Minister Flávio Dino, rapporteur of a writ of mandamus filed by the family of a child who, depending on the STF's response, would be entitled to receive compensation and a special pension from the Union.

At the beginning of last month, Dino accepted the request from the Attorney General's Office (AGU), ordering the Union to comply with the provisions of Law 15.156, ensuring financial assistance to approximately 3 children affected by the Zika virus. In his decision, the minister highlighted the situation of social vulnerability and stated that accepting the AGU's request "does not imply a waiver of fiscal rules by the National Congress and the Executive Branch."

Between 2015 and 2016, Brazil faced an outbreak of Zika, a viral disease transmitted through the bite of the Aedes aegypti mosquito, which drew the attention of the scientific community and the general population as it was associated with an increase in cases of microcephaly and other serious neurological conditions, especially in northeastern states such as Pernambuco and Paraíba. 

In February 2016, the World Health Organization (WHO) classified the epidemic as a Public Health Emergency of International Concern. After some time, the number of cases and the media coverage of the issue began to decrease, although children affected by the congenital syndrome and their families continue to face a difficult routine of special care.