(English) New International Treaty between the Federative Republic of Brazil and the French Republic in Matters of Social Security and Welfare
On September 1st2014, Brazil promulgatedthe Decree nº 8.300/2014, bringing into force the Agreement on Social Security and Welfare signed with France. From now on, about seventy-seven thousand Brazilians living in France, as well as the estimated thirty thousand French citizens that live in Brazil can go to any Social Welfare Agency in both countries to require the computationof their contribution time in either one of them.
From the Brazilian side, the regulations about the General Social Welfare Regime applies to: retirement by age, retirement by disability, pension due to death, welfare and accident (temporary incapacity) illness aid, and wage for motherhood.
From the French side, the treaty mentions legal provisions relating to General and Special Social Welfare Regime, mandatory and voluntary, included the regimes for independent professionals. The benefits cover the following social risks: disease, maternity and paternity, disability, death, retirement by age, dependents (pensions), accidents at work and occupational diseases, and family.
Other worthy highlight is that in Brazil, besides the benefits of the General Social Welfare Regime (RGPS), the treaty mentions also other benefits of the Special Social Welfare Regime (of federal, state, provincial and municipal employees), as well as the temporary displacement of 24 months, extendable for the same period.
In Brazil, the Ministry of Social Welfare suggests that before attending any Social Welfare Agency to submit documents and fulfill the forms, a previous scheduling should be done by the Central 135. In France, the potential insured persons should look for the French Social Welfare.
Is important tomention that in addition to the multilateral welfare conventions, such as the ibero-american and Mercosul, Brazil currently has bilateral welfare agreements in force with Germany, Cape Verde, Canada, Chile, Spain, France, Greece, Italy, Japan, Luxemburg and Portugal. However, the agreements with Belgium, Korea, Suisse and Quebec (Canadian province that holds the autonomy for the establishment of such treaties) are in process of ratification.
Leda Camila Pessoa de Mello Cartaxo Assunção – lawyer of the Taxation Team. [:]