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On June 21 of this year, an order was made with more than 25 civil society organizations, the Minister of Social Development, Carolina Stanley, requesting the immediate reinstatement of all pensions suspended or discharged in violation of due process , Both during the month of June, as in previous months. It was demanded the implementation of an information and discussion mechanism that effectively and effectively assures the right to be heard, and to exercise the defense of all those persons holding a disability pension. In addition, we ask for the generation of spaces for the participation of civil society, in the process of adapting decree 432/97 to international standards.

In response to the claim made, the Ministry of Social Development showed that it does not implement appropriate administrative procedures prior to the decision to withdraw non-contributory pensions, and did not give any response to the request to review the criteria of the decree 432/97, implementing instances of participation and consultation with organizations of and for persons with disabilities.

The Ministry explained that it does not implement any mechanism to guarantee the right to be heard, and due process of the people to whom the benefit is suspended. On the other hand, he replied that two provisions have been approved that render suspensions inoperative, and that a mechanism for communicating suspensions is in the process of being implemented, but it did not accredit their compliance or give access to the content of the aforementioned provisions.

Both the Supreme Court of Justice of the Nation and the Federal Chamber of Social Security have respectively indicated that the administrative act that provides for the reduction of a non-contributory pension is illegitimate if it is approved without analyzing all the facts of the case; And that the powers of the Pension Assistance Commission to verify compliance with the requirements of the regulations for the enjoyment of non-contributory pensions can not be exercised without due process of adjective protection of the administrative procedure law; And a non-contributory pension can be suspended only after giving the persons affected the possibility of defense and pleading, and the facts on which it is based are fully proven.

The state action, in addition to violating the right of defense, represents a regressive act, in violation of the principle of progressivity and non-regressivity, which should govern the implementation of public policies in the area of ​​economic and social rights, such as the right to Social security for people with disabilities. This is why an urgent response to the problem faced by people with disabilities is required.

Lastly, the importance is again emphasized and it is urged that spaces for the participation of civil society in the process of amending decree 432/97 be generated and replaced by a new norm that respects the provisions of the Convention on the Rights of Persons with Disabilities. The Persons with Disabilities and the international treaties of Human Rights and ensure that, until this happens, their interpretation is done in accordance with said instruments.

Author

Luciana Severini

Contact

Agustina Mozzoni <agustinamozzoni@fundeps.org>