The National Congress overthrew, on Tuesday (17), a veto of President Luiz Inacio Lula da Silva to a law that increased access to disability retirement and the benefit of continued performance (BPC).
The section vetoed by the president was in a 2023 project and gives special treatment to people diagnosed with acquired immunodeficiency syndrome (AIDS), Alzheimer’s, Parkison and Amyotrophic Lateral Sclerosis. The veto was overthrown.
From initiative of the Legislature, the project exempts periodic reevaluation, every two years of people with irreversible disability. In this case, nothing changes because these policyholders are already taken from the list list.
For Leonardo Rolim, former president of the House’s Budget Consulting, as well as opening precedents in court, with the inclusion of other diseases with special treatment, the overthrow of veto is a setback because it goes against the concept used public policy, which is functionality and not the disease itself.
“The overthrow of the veto generates a huge legal risk and goes against the world concept of functionality,” explained Rolim.
He pointed out that this concept is present Brazilian Law of Inclusion of Persons with Disabilities (Statute of Persons with Disabilities) and World Convention on the Rights of Persons with Disabilities, of the UN, which Brazil accepted as a constitutional amendment.
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In the justification of the veto, the executive claimed that the proposition contradicts the public interest in establishing that the disability is considered permanent or irrecoverable condition with “basis exclusively on clinical determinations of a given moment, which would differ from the biopsychial approach” and “potential increase of continued expense”.
