Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 5 of the Convention (in relation to Article 10, paragraph 1). With reference to the comments that it has been making for more than 20 years concerning the payment of long-term benefits in the event of residence abroad, the Committee notes the information supplied by the Government in its last two reports. It also notes Acts Nos. 8212 and 8213 of 24 July 1991 respecting social insurance. In this context, it notes that, in the same way as the previous legislation, section 109 of Act No. 8213 provides that in the event of the absence of the beneficiary the payment of benefits shall be made to a substitute whose authority shall be renewed every six months. The Committee also notes that, until the regulations provided for under section 154 of Act No. 8213 are adopted, the Regulations on social insurance benefits provided for by Decree No. 83080 of 24 January 1979 remain in force.

With regard more particularly to section 424 of the Regulations on social insurance benefits, the Government states that the payment of benefits abroad is made on the basis of agreements concluded with the countries of residence of the beneficiaries and that it has not been considered necessary to adopt any instructions as provided for under section 424. The Committee however notes that among the countries which have ratified Convention No. 118, only Cape Verde, Italy and Uruguay have concluded a social security agreement with Brazil. The Committee is therefore bound to point out once again to the Government that in accordance with Article 5 of the Convention the provision of invalidity, old-age and survivors' benefits, death grants and employment injury pensions shall be guaranteed as of right, even in the absence of bilateral agreements, both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for the corresponding branches, and to refugees and stateless persons, in the event of the residence of the beneficiary abroad irrespective of the country of residence. The Committee trusts that the regulations to be issued under Act No. 8213 which, in accordance with section 154, should have been adopted within 60 days following the publication of the Act, will contain a provision guaranteeing the payment of benefits in the event of residence abroad, in accordance with the provisions of Article 5 of the Convention. In the meanwhile, the Committee hopes that the Social Security Office will adopt the necessary instructions to this effect under section 424 of the Regulations on social insurance benefits.