Lula Orders Automatic INSS Payments for Women With Judicial Protective Orders

Overview

• President Luiz Inácio Lula da Silva signed the AGU binding opinion JM-12 on Thursday, Oct. 1, making a judge’s protective order alone sufficient for the INSS to pay a benefit of up to six months without a new medical perícia.
• The rule keeps employers responsible for the first 15 days of paid leave and makes the INSS cover pay from the 16th day, while insured workers without formal employment receive INSS pay from day one and uninsured women receive assistential support from the state indicated by the judge.
• The benefit carries no contribution waiting period, is exempt from previdenciary contribution discounts, and counts as contributory time toward retirement.
• The INSS must implement priority and confidential intake channels, including changes to the Meu INSS system, after the Ministry of Previdência Social and INSS issue regulations within 15 days, and the Procuradoria-Geral Federal will pursue regress actions to recover payments from aggressors.
• The measure closes an implementation gap left after the STF’s Tema 1.370 by converting a court precedent into mandatory federal administrative practice, which could speed access to income for victims but will require IT, coordination with states and municipalities for assistential cases, and close monitoring of fiscal and enforcement outcomes.