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The New Special Pension for Orphans of Femicide Guarantees a Minimum Wage to Minors Under 18, but Requires Income Criteria and Registration; See Who Is Entitled and How to Apply.
The Federal Government published, this Tuesday (30), the decree regulating the granting of a special pension intended for children and dependents of victims of femicide. The measure, detailed in the Official Gazette, establishes a monthly payment of one minimum wage, currently at R$ 1,518, for orphans under 18, aiming to ensure a basic financial support for children and teenagers in situations of extreme vulnerability. The information was widely disseminated by Agência Brasil.
This benefit represents a response from the State to an alarming social scenario. According to the Minister for Women, Márcia Lopes, in a statement to Agência Brasil, the pension aims to offer protection and security to these young people. “The State has the responsibility to ensure the transfer of income so that this child has their basic needs met, even living with their family, or for a child who will be adopted or a child who will live, temporarily, in a shelter,” she stated.
Who Is Entitled to the New Pension?
To access the benefit, it is not enough to be a child or dependent of the victim; specific criteria defined by the government must be met. The main requirement is socioeconomic: the family monthly income per person (per capita) must be equal to or less than 25% of the minimum wage. Additionally, it is mandatory for beneficiaries to have an active and updated registration in the Unified Cadastre for Federal Government Social Programs (CadÚnico), which must be reviewed every 24 months.
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The decree also clarifies important points regarding the division and accumulation of the amount. In the case where the victim leaves more than one child or dependent who qualifies under the rules, the pension will be divided equally among all. A crucial point is that the benefit cannot be accumulated with other social security assistance, such as those from the General Social Security Regime (RGPS) or Specific Social Security Regimes (RPPS). The measure also explicitly includes the children of transgender women victims of femicide.
What Is the Amount and the Payment Conditions?
The amount set for the special pension is one current national minimum wage. The payment of the individual benefit quota automatically ends when the beneficiary turns 18 years old. As highlighted by Agência Brasil, the law has a clear temporal framework: young people who were already over 18 at the time of publication of Law No. 14,717 (October 31, 2023) will not be entitled to the aid.
Another fundamental detail that families need to know is that the payment is not retroactive. This means that the benefit will be due only from the date the request is made to the INSS, and not from the date of the victim’s death. The pension will undergo a review every two years to ensure that the conditions leading to its granting are still valid, especially the income criterion.
How and Where to Apply for the Benefit?
The request for the pension must be made by the legal representative of the child or adolescent. The body responsible for receiving, processing, and approving requests is the National Institute of Social Security (INSS). The decree establishes an essential safeguard: it is expressly prohibited for the author, co-author, or participant of the crime of femicide to act as the child’s representative, whether to request or manage the monthly resource.
To initiate the request, the legal representative must present their official photo identification document and the document of the child or adolescent (identity or birth certificate). Additionally, it is necessary to prove the materiality of the crime of femicide through one of the following documents: record of immediate arrest, formal complaint from the Public Prosecutor’s Office, conclusion of the police inquiry, or a judicial decision. If the benefit is for a dependent (and not a child), the guardianship or custody document is mandatory.
The Context of Femicide and the State’s Response
The creation of this pension is directly linked to the increasing and alarming data on violence against women in the country. The 19th Brazilian Annual Public Security Report, released this year, revealed that Brazil registered 1,492 victims of femicide in 2024, the highest number since the law that typifies the crime came into force in 2015. This number represents a tragic average of four women murdered per day for gender reasons.
In her remarks reported by Agência Brasil, Minister Márcia Lopes lamented the statistics and reinforced the government’s commitment. “We want to eliminate femicides. We have to work for that. No woman should be killed for being a woman,” she asserted. The new pension, therefore, is not only a income transfer policy but an attempt to mitigate the collateral damage of a crime that destroys entire families, leaving children and teenagers helpless.
What do you think about the creation of this pension? Do you believe that the rules defined by the government are fair and sufficient to support the orphans of femicide? Leave your opinion in the comments; we want to understand your perspective on this measure.
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