Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report.

Article 5 of the Convention (in relation to Article 11). With reference to its previous comments, the Committee notes that the agreements concluded with a number of countries only relate to the manner in which benefits are to be paid (through a Brazilian bank to a foreign bank), that is, by avoiding intermediaries. In this way, in the case of residents abroad, a worker can receive benefits directly from the official bank of his country where there is a corresponding agreement.

However, the Committee notes that the Government has not supplied information concerning the adoption of instructions regarding the granting and maintenance of benefits to beneficiaries residing abroad under section 424 of the Regulations on social welfare benefits (Decree No. 83.080 of 24 January 1979). The Committee therefore requests the Government to supply information in this respect and to provide detailed information on the restrictions imposed by the Central Bank regarding transfer of funds.

The Committee notes that the Government does not have at its disposal statistical information distinguishing between foreigners and Brazilians, due to the fact that both are treated under equal conditions. In these circumstances, the Committee hopes that the Government will take the necessary measures to give effect to the recommendation which the secretariat of the Social Security Office planned to propose to the National Institute of Social Security for the compilation of statistics regarding the number of beneficiaries resident abroad, and on the value of the benefits that are transferred, particularly with indications in regard to the beneficiary's country of residence. Meanwhile, the Committee requests the Government to supply any available information on the number of beneficiaries resident abroad.

Articles 7 and 8. The Committee once again requests the Government to supply a copy of the new social security agreement concluded with Italy, to which the Government referred in its previous report, and of any agreements concluded in this connection with other Members for which the Convention is in force.

The Committee notes that the Government makes no reference to the comments made by the National Confederation of Industry in a communication dated 15 October 1987. Nevertheless, the Committee has examined these comments, which agree with the information supplied by the Government in its report, to the effect that the Brazilian legislation provides for equality of treatment between foreigners and nationals.