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Even With Constitutional Ceiling Fixed at R$ 44 Thousand, Pensioners Heirs of Officers Receive Up to R$ 79 Thousand Per Month With Legal and Historical Support
In Brazil, heirs of Armed Forces officers continue to receive pensions that, in total, significantly exceed the constitutional ceiling of remuneration. Cases like that of Mrs. Gecy Rangel, daughter of an army marshal and widow of two military personnel — one from the Navy and another from the Brazilian Army — draw attention for the amounts paid monthly. According to a survey conducted by Sociedade Militar based on data from the Transparency Portal, the beneficiary received R$ 78,893 in January 2024.
This amount exceeds the remuneration ceiling fixed for that year at R$ 41,650.92. For 2025, the limit was readjusted to R$ 44,008.52 and will increase to R$ 46,366.19 starting in February, as established by Law No. 14,520/2023. However, military agencies clarify that when there is a legal accumulation of benefits, as in the case of distinct pensions from marriage and filiation, the ceilings are applied per link and not on the total consolidated.
Other Similar Examples of Legal Accumulation
In addition to Gecy, other pensioners find themselves in similar situations. Sônia Rolins, also the daughter of a marshal and widow of a general from the Army, totals R$ 79,700 in benefits. Meanwhile, Iris Oliveira, Vera Rabello Freire, and May Polycarpo Maia receive between R$ 73,300 and R$ 73,900 per month.
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The high amounts are, in many cases, related to pensions left by marshals — the highest rank in the military career, attributed to generals of the Army, admirals of the fleet, or lieutenant brigade generals upon retirement. Among other notable beneficiaries are Alny Fico Primo, Suely Freitas Almeida, and Maria Covas Pereira, all with incomes above R$ 70,000.
Even in cases with slightly lower amounts, such as that of Cássia Abrantes (R$ 65,400), the totals remain well above the average of national pension benefits.
Why Payments Are Considered Legal
The Army states that it strictly follows what is determined by current legislation. The so-called “ceiling cap” is applied in cases where earnings exceed the permitted limit, based on what is set out by Law No. 14,520/2023, Theme 359 of the Federal Supreme Court (STF), and Notice No. 2022-GP of the Federal Court of Accounts (TCU).
However, when there is accumulation authorized by law — such as in the case of pensions from marriage and filiation — the amounts of each benefit are treated independently, allowing the final sum to exceed the constitutional ceiling.
Cases Supported by Rules Prior to the Administrative Reform
About 23% of the cases pointed out by the Army refer to benefits granted before the Constitutional Amendment No. 19, of 1998, which established the so-called “global remuneration ceiling.” For these situations, as the right had already been acquired, the ceiling limitation does not apply to the total sum of benefits.
According to the Brazilian Army, the payments comply with both current legislation and the principles of legality and non-reduction of benefits. The Navy and the Air Force, although also involved in the cases, did not comment on the specific data of their respective pensioners.
Military Pension System: Origin and Maintenance
The model that sustains these payments was created in 1960 by Law No. 3,765 and underwent significant changes with Provisional Measure 2,215-10/2001, which ended the right to lifetime pensions for heirs of military personnel who joined the career after its promulgation. However, the rights acquired by beneficiaries prior to the change remain in effect.
This means that even decades after the granting of benefits, payments continue to be valid and whole, even if detached from the pension reality of the majority of the population.
Criticism from Experts and Fiscal Impact
Although supported by legality, the cases raise questions about the fairness of the model. Political scientist Rodrigo Lentz from the University of Brasília claims that the system persists due to the strong influence of the Armed Forces in the Brazilian institutional scenario.
Historian Manoel Domingos Neto highlights that military power has been consolidated over the decades and shielded from more incisive interventions by the Executive or the National Congress.
According to data obtained by UOL, for every active general, there are 24 inactive (retired or in reserve) and 48 heirs receiving full pensions. This last group alone would have consumed R$ 94 billion in public resources over the past four years — a value disputed by the Army, which claims the total cost was R$ 53 billion in that period.
Despite controversies regarding the equity of the model, the accumulation of pensions for daughters and widows of military personnel remains legally supported. However, the topic is likely to continue to be debated as Brazil faces fiscal challenges and discusses reforms in the pension system.
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