Senate unanimously approves differentiated special retirement rules for health agents

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Davi Alcolumbre

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Senate Federal approved this Tuesday (25) Projeto of Lei Complementar 185/2024, which establishes special retirement for community health workers and those fighting endemic diseases. The vote took place by 57 votes in favor, with no opposition, and the text now goes for analysis in the Câmara of the Deputados. The measure meets the constitutional provision of 1988 and recognizes the risk of the activities of these professionals in the Sistema Único of Saúde (SUS).

The project guarantees completeness and parity in benefits, with adjustments equal to those for active employees. Estados and municipalities will have 120 days to adapt local standards after the sanction.

  • Main requirements include 20 years of experience in the role.
  • Minimum age of 52 for men and 50 for women.
  • Option of 15 years in the activity plus 10 in another occupation.

Details of approved rules

The text defines clear criteria for granting the benefit, prioritizing the time of exposure to risks such as contact with infectious diseases. Agentes who prove the minimum period receive full benefits, without reductions applied in common schemes.

Conversion of special time into common time is also part of the project, benefiting those who alternate roles. Dirigentes unions in the category count the period of leave as special time.

These provisions aim to equate treatment with other risky professions, in accordance with recent legislative developments.

Contributions of agents in the SUS

Community health agents have worked in primary care since 1991, integrating teams from Programa Saúde to Família. Eles carry out regular home visits, monitor health conditions and promote prevention in vulnerable communities.

In the fight against endemic diseases, professionals identify outbreaks of diseases such as dengue and malaria, reducing outbreaks through educational and control actions. Ministério of Saúde records more than 400 thousand agents active in the country.

These workers exercise constant territorial mobility, facing daily physical efforts in outskirts and rural areas.

Estimates of impact on accounts

The Ministério of Previdência calculates additional expenditure of R$24.7 billion over ten years for the Regime Geral of Outras projections point to R$40 billion in the same period, distributed among União, states and municipalities.

Confederação Nacional of Municípios warns of an increase in the actuarial deficit of its own regimes, estimated at R$103 billion in the long term. Esses values ​​consider early retirements compared to the private sector average.

Federal government is considering resorting to Supremo Tribunal Federal if the text advances without adjustments.

Federal government position

Executivo’s economic team took a stance against approval, highlighting incompatibilities with the 2019 pension reform.

Despite the appeal, government benches released a free vote, resulting in unanimous support in Senado. A similar Proposta has been processed at Câmara since October, without immediate referral.

Parliamentary support for the measure

Author of the project, senator Veneziano Vital of Rêgo (MDB-PB), defended the initiative as a historic reparation for essential professionals. Relator Wellington Fagundes (PL-MT) emphasized savings generated by prevention, with a return of R$4 to R$7 per real invested in health.

Several senators, such as Eduardo Braga (MDB-AM) and Mecias from Jesus (Republicanos-RR), highlighted the role of agents in isolated regions. Jayme Campos (União-MT) classified the approval as social justice for the category.

Committee presidents and party leaders reinforced the urgency of the regulation provided for in Emenda Constitucional 120/2022.

Repercussion between entities

Representatives of the category filled the Plenário galleries during the session, following the voting in real time. Entidades unions celebrated the progress, but city halls express concern about local budget adaptations.

Public health associations see the measure as strengthening the SUS in smaller municipalities. Debate on shared financing between federative entities should be highlighted in Câmara.

Recent legislative trajectory

Committee of Assuntos Sociais approved the text on October 1st, urgently for Plenário. Anúncio of the agenda took place on November 20, under the presidency of Davi Alcolumbre (União-AP).

Initial version appeared in Câmara as PLP 4431/2023, incorporating amendments for fiscal balance. Aprovação unanimous reflects consensus on valuing labor on the basis of public health, despite economic divergences.