FIXING ORDER INDEMNITY OF R $ 50,000 and monthly pension of up to R $ 8,100 to 3,000 children with permanent disabilities caused by the virus
The Ministry of Social Security and the INSS (National Institute of Social Security) regulated, through a joint ordinance, the payment of indemnity and special pension to persons with permanent disabilities caused by congenital syndrome associated with Zika virus.
Published no Official Gazette of the Union of Monday (8.Set.2025), it establishes an indemnity for moral damages of R $ 50,000 – which will be corrected by the INPC (National Consumer Price Index) calculated from July 2 this year until the actual date of payment of compensation.
The text also defines the obligation of the INSS to pay to people born with permanent disabilities due to congenital syndrome associated with Zika infection a special, monthly and lifetime pension equivalent to the ceiling of benefits paid by Social Security – Today, R $ 8,157.40.
Both indemnity and special pension will be exempt from income tax collection. In addition, the special pension may be accumulated with other compensation for moral damages granted by means of a specific law, with the BPC (continued benefit). Proof of health condition will be made by means of a medical board report, which will be analyzed by the federal medical expertise.
The measure meets Law 15.156, by virtue of which the date of the retroactivity of the indemnity was defined. The legislation was promulgated on July 2 this year, after Congress overthrow the presidential veto to bill 6.604/2023.
With the overthrow of the veto and the conversion of PL 6.604 in Law 15.156, determining the payment of financial aid to the victims of Zika, the AGU (General Advocacy of the Union) asked the Federal Supreme Court to recognize, exceptionally, the legal possibility of the Union to implement and grant the benefits. The petition was addressed to Minister Flávio Dino, rapporteur of a writ of mandamus presented by the family of a child who, depending on the response of the Supreme Court, would be entitled to receive, from the Union, compensation and the special pension.
In August, Dino welcomed AGU’s request, determining that the Union complies with the established in Law 15.156, ensuring financial aid to 3,000 children victims of Zika. In his decision, the minister highlighted the social vulnerability and said that accept the request of AGU “It does not imply dismissal of attendance, by the National Congress and the Executive Power, of the tax rules”.
From 2015 to 2016, Brazil faced an outbreak of Zika, a virus transmitted through the mosquito bite aedes aegytpi and that aroused the attention of the scientific community and the general population when associated with the increase of cases of microcephaly and other serious neurological paintings, especially in northeast states, such as Pernambuco and Paraíba.
In February 2016, WHO (World Health Organization) even classified the epidemic as an international health emergency of international importance. After some time, the number of cases and the space dedicated to the theme by the media have begun to decrease, although children affected by congenital syndrome and their families continue to face a harsh special care routine.
With information from.
