Reclusion Aid – Check who is entitled to the benefit

The Reclusion Aid is a benefit offered through Social Security to the family of people who are in prison in Brazil's jails or prisons.

Family members of prisoners in a closed regime have the right, according to article 80 of Law 8.213/91.

This was the way that the government found so that the families of the prisoners could have an income while their relative is imprisoned, answering for some crime, according to the Brazilian penal law.

However, the Reclusion Aid generates controversy, since many people say that in some cases, the victim of the prisoner is not entitled to any benefit from the government, even in the event of death.

But who is entitled to benefit from the Reclusion Aid?

Who is entitled to the Reclusion Allowance?

In order to have the right to the Reclusion Aid, the family member needs to fit into some of the groups below:

• Prove to be a spouse, partner, partner and non-emancipated child, of any condition, under 21 (twenty-one) years old or disabled or who has an intellectual or mental disability or serious disability;
• Prisoners' parents;
• Being a non-emancipated brother, of any condition, under 21 (twenty-one) years old or disabled or who has an intellectual or mental disability or serious disability.
• In addition, there are some requirements that have changed now in 2021 that you need to follow, such as:
• Prove that the prisoner is insured;
• Grace period of 24 months of contributions (as of 01/18/2019, according to MP 871/2019, converted into Law 13,846/2019);
• Be included in the closed regime (semi-open regime only entitles you until 01/18/2019, according to MP 871/2019, converted into Law 13,846/2019);
• The prisoner proves through qualified documentation that the family fits the low-income profile.

In fact, to verify the correct requirements, it is necessary to observe the date of imprisonment.

The income limit of the insured person arrested, to prove the condition of low income, is provided annually by the INSS, through an Interministerial Ordinance. According to Ordinance SEPRT/ME nº 477/2021, the income limit of the insured person arrested for granting prison aid is R$ 1,503.25 in 2021.

Duration of the Reclusion Aid benefit

If the insured person is released, escapes from prison or starts serving time in the open system, the benefits will end.

As of MP 871/2019, the development of a semi-open system also led to the suspension of social security. In addition, the rules that apply to the extinction of pension contributions due to the death of the spouse and partner in aid of imprisonment, as well as the artistic premises, according to Article 77, Section 2 of Law nº 8.213 / 91.

For children, benefits will cease when they reach age 21, unless they have an intellectual or mental disability or disability or severe disability. For other beneficiaries, if the insured person is not released, the benefit will be terminated upon death.

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The subsidy will be due from the date of imprisonment, if necessary 90 days. Otherwise, it will be due from the application. For persons with a charge of less than 16 years, the benefit will be due from the request made 180 days after the insured person's arrest.

benefit amount

The value of the benefit, as a rule, is equivalent to 100% of the amount that the insured person would receive as a disability pension.

However, since the Social Security Reform, the value of benefits will still be 1 minimum wage.