Brazil - Law No. 8213 of 24 July 1991 providing for the Social Security Benefit Plans and other measures - Equality Now
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Brazil - Law No. 8213 of 24 July 1991 providing for the Social Security Benefit Plans and other measures

  • Country: Brazil
  • Law status: Discriminatory law in force
  • Law Type: Employment

Sex discrimination in economic status laws restricts women from being economically independent, limiting access to inheritance and property ownership as well as to employment opportunities, thereby reinforcing gender stereotypes and roles.

Sex discriminatory labor, including laws with discriminatory retirement ages, inhibit women’s full social and economic participation and opportunities, hurting them - including by making them more vulnerable to exploitation - their families, communities and society as a whole.

The Law:

Article 51 of Brazil’s Law No. 8213 of 24 July 1991 providing for the Social Security Benefit Plans and other measures has a lower compulsory retirement age for women as opposed to men.

Article 51. Retirement by age may be required by the company, provided that the insured employee has completed the grace period and completed 70 (seventy) years of age if male, or 65 (sixty-five) years if female, being compulsory, in which case the employee will be guaranteed the compensation provided for in the labor legislation, considered as the date of termination of the employment contract, immediately prior to the beginning of retirement.

Note: Article 5 of the Constitution of Brazil: Everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the rights to life, liberty, equality, security and property, on the following terms: I. Men and women have equal rights and duties under the terms of this Constitution…

Link to full law

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