People with HIV/AIDS who are retired due to disability are exempt from expert reassessment. The total veto was overturned in Congress this Tuesday (11). 11/2019 to the Senate Bill (PLS) 188/2017, approved in April.
The text was proposed by the National Articulation of Health and Human Rights (ANSDH), an entity that fights for the rights of people living with HIV/AIDS, presented by senator Paulo Paim (PT-RS) and approved in the form of a substitute for the senator Romário (Pode-RJ).
The proposal's argument is that the person retired due to disability has already gone through several periods of sickness benefit, which attests to the deterioration of their health and the irreversibility of this condition.
The veto came from guidance from the Ministry of Economy, which considered that the measure exempted people with HIV/AIDS from “evaluating the conditions that led to their removal or retirement, establishing a lifelong legal presumption of incapacity, regardless of the circumstances peculiar to each case and in permanent disregard for advances in medicine”.
Therefore, the government considered that the text “departed from the principle of selectivity in the provision of Social Security benefits”, as well as having the potential to stigmatize and violate the dignity of the insured person with HIV, which, according to the justification for the veto, would be away from the possibility of professional rehabilitation.
Reproduction: Senado Agency
