Portadores de fibromialgia podem ter isenção de carência para aposentadoria e auxílio-doença
O Projeto de Lei dispensa as pessoas com a doença do pagamento de carência para concessão dos benefícios previdenciários
“Uma dor crônica intensa e incapacitante. Com grande impacto na qualidade de vida, a fibromialgia é uma doença que migra por vários pontos do corpo e se manifesta especialmente nos tendões e nas articulações. E foi sobre essa patologia que o Senado legislou esta semana. Próximo ao Dia Mundial de Combate à Dor, celebrado próxima quinta-feira (17), a Comissão de Assuntos Sociais (CAS) do Senado aprovou um Projeto de Lei (PL) que dispensa trabalhadores com fibromialgia dos prazos de carência para acesso ao auxílio-doença e à aposentadoria por invalidez.
“Em alguns casos, a doença incapacita o trabalhador e é preciso solicitar afastamento pelo INSS. Inicialmente o cidadão deve requerer um auxílio-doença, que possui os mesmos requisitos da aposentadoria por invalidez. Caso a perícia médica constate incapacidade total e permanente para o trabalho, a aposentadoria por invalidez será concedida”, explica o advogado trabalhista e previdenciário, João Varella. A mudança trazida pela PL Inclui a fibromialgia na lista de doenças cujos portadores são dispensados de cumprir período de carência, para a concessão dos benefícios.
O período de carência é o número mínimo de meses pagos ao INSS para que o segurado, ou em alguns casos o seu dependente, possa ter direito de receber um benefício. “A incapacidade laboral decorrente de acidente de qualquer natureza, doença profissional ou do trabalho dispensa a necessidade deste pagamento. O período de carência do auxílio-doença ou aposentadoria por invalidez, por exemplo, é de 12 contribuições mensais”, complementa Varella.
Na avaliação do relator, o senador Irajá Abreu (PSD-TO), a exigência de carência de um ano para concessão dos benefícios previdenciários em questão “é de uma crueldade exagerada” para os trabalhadores com fibromialgia. A proposta será avaliada pelo plenário do Senado e, se aprovada, será convertida em lei”.
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