On October 1, 2026, President Luiz Inácio Lula da Silva approved a binding legal opinion (parecer vinculante) drafted by Brazil's Attorney General's Office, the AGU, that obliges the Social Security Institute, INSS, to pay income automatically to women who are ordered off work because of domestic violence, according to the legal news outlet Conjur and the state news agency Agência Brasil.
The opinion does not create a new law. It turns a Supreme Court precedent into a binding rule for federal administration, meaning INSS staff must apply it without waiting for individual lawsuits, Conjur reported.
Who qualifies and how
The benefit applies to women who receive a judicial protective measure under the Maria da Penha Law, Brazil's 2006 domestic-violence statute (Law 11,340/2006), ordering them to stay away from work for safety reasons, Agência Brasil and Conjur both reported. Under the new rule, that court order alone is enough to trigger payment: INSS no longer requires a separate medical evaluation (perícia) or any waiting period (carência) before releasing funds, according to both outlets.
Who pays, and for how long
Leave can last up to six months, according to Conjur and Agência Brasil. Payment responsibility is split by period.
Who pays during leave for domestic violence| Period / situation | Who pays | Source |
|---|
| Days 1–15 (formally employed) | Employer | Conjur; Agência Brasil |
|---|
| Day 16 through up to 6 months | INSS (Social Security Institute) | Conjur; Agência Brasil |
|---|
| Worker not covered by Social Security | State, Federal District or municipality designated by the judge, as an assistance benefit | Conjur; Agência Brasil |
|---|
During the leave, social security contributions keep accruing and the time counts toward the woman's future retirement, Agência Brasil reported. Afterward, the government can pursue the person accused of the violence in court to recover the public funds spent, a mechanism both Conjur and Agência Brasil describe as a regressive legal action against the aggressor.
Legal background: Supreme Court Theme 1370
The AGU opinion implements a Supreme Federal Court (STF) ruling issued under its general-repercussion procedure, known as Tema 1370, which held that domestic violence victims must keep receiving income while absent from work under a protective order. Conjur dated that Supreme Court decision to June 2026. The legal site Previdenciarista published an analysis of the same unanimous ruling on December 16, 2025, without stating the exact date of the Supreme Court's decision, so it is unclear whether the two outlets refer to the same ruling date.
According to Previdenciarista, the case that reached the Supreme Court originated in the state of Paraná and tested whether Article 9, paragraph 2, item II of the Maria da Penha Law — which lets judges order paid leave — was enforceable without a law specifying who foots the bill. The Supreme Court ruled it was, splitting the cost between employers and INSS depending on the victim's employment status, Previdenciarista reported.
The case had been pending for more than a year: the women's rights legal group IBDFAM reported that the Supreme Court suspended a vote on the matter in August 2025 after a justice, Kássio Nunes Marques, asked for more time to review it, with eight justices — a majority of the court — having already voted in favor of the payment before that pause.
What happens next
The AGU opinion gives the Ministry of Social Security and INSS 15 days to issue operating rules for the new procedure, Conjur and Agência Brasil both reported. Service to victims is meant to be prioritized and confidential, including through the Meu INSS digital platform, according to both outlets.
News outlet O Tempo, reporting on the same measure, cited a separate survey finding that in the state of Minas Gerais 29% of women only identified themselves as victims of domestic violence when specifically asked in a questionnaire — a figure it presented as context for why many cases go unreported before reaching a judge.
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