Social Security Status of HIV-Patients in Brazil


  • Emidio Macedo Lemos Filho
  • Tibério Múcio Álvares Cabral Beserra
  • Antônio de Luna Machado Neto
  • Jucier Gonçalves Júnior
  • Francisco de Castro Júnior
  • Raimundo Tavares de Luna Neto
  • Natália Bastos Ferreira
  • Alessandro Adamo Gonçalves Oliveira
  • Sidney Medeiros de Oliveira
  • Jesus de Sousa Cartaxo
  • Modesto Leite Rolim-Neto
  • Cícera Janielly de Matos Cassiano
  • Vânia Barbosa do Nascimento



HIV, Law, Social support


The studies show that HIV/AIDS disease had and is having a high impact on Populations' health but it represents serious socioeconomic problems added for individuals, families, communities and Governments of many countries. In Brazil, the National Standardization Panel of the Federal Courts, the body that comprises the Brazilian National Council of Justice, drafted the docket 78. From this docket, to grant or deny the social security benefi, the judges will not have their decisions limited only to the clinical aspects of medical experts report,
starting to also consider the personal, economic, social and cultural aspects of the HIV patient. By analyzing the cases heard by Federal Court of the 5th Region, which constitutes the Brazilian states of Paraíba, Pernambuco, Rio Grande do Norte, Ceará, Alagoas and Sergipe, fourteen cases were found on appeal of special courts. Within those cases, ten were founded to be HIV positive and were granted some sort of pension and welfare benefi, and four were rejected, denying incoming thus those patients with syndrome, the right to receive benefis. The Brazilian Federal Government through the Provisional Measure no 664 from 2014 excluded the art. 151 of the Federal Law 8. 213/91 which dealt with the granting sickness benefi and disability retirement to patients with various disabling conditions which among the HIV saving a total of 18 million to public coffers.The authors point out that the exclusion or this article constitutes the loss of benefis–sickness assistance and disability retirement– those who do not have a minimum period of contribution to Social Security. That constitutes prejudice to the HIV patient´s rights in relation helpless leaving them to State coverage. In this context HIV/AIDS diagnosis not only adversely affects individual health and survival but may be associated with higher also need for care, thus resulting in higher expenses for the healthcare system.






Infectious Diseases

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