Understand the main legal terms in plain language. Type to filter or browse by first letter.
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- 25% increase (enhancement)The 25% increase is an additional amount added to permanent disability retirement benefits when the insured person needs another person’s constant assistance with everyday activities, such as…
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- A Different Benefit Than the One You RequestedINSS (Brazil's National Social Security Institute) must grant a benefit different from the one requested when the case file already shows the elements of the right, and the insured person then states their choice after being notified.
- A More Advantageous Benefit for People with DisabilitiesThe right of an insured person with a disability to choose another type of retirement benefit under the general system that is more favorable than those provided by the specific law.
- A Tenant’s Right of First Refusal to Buy the PropertyA tenant's right to buy the rented property on equal terms with third parties, after the landlord has told the tenant all the terms of the deal.
- A Worker’s Right to Access the Occupational Profile (PPP)You have the right to obtain from your employer the information about your own work history recorded in the social security occupational profile (*perfil profissiográfico previdenciário*), and the employer faces penalties for refusing.
- Ability to PayA constitutional principle under which taxes are graduated according to the taxpayer's economic capacity, whenever that is possible.
- Abnormal Use of PropertyUse of a neighboring property that causes interference harmful to the safety, peace and quiet, or health of its residents, which the affected party may demand be stopped.
- Absolute incapacityThe legal status of a child under sixteen, who cannot personally perform the acts of civil life and must be represented by the person the law designates.
- Absolute JurisdictionJurisdiction determined by subject matter, the parties involved, or the function of the court. The parties cannot change it, and the judge must recognize it on his or her own initiative at any time.
- Abuse of Controlling PowerUsing control for a purpose unrelated to the company's corporate purpose, or to the detriment of minority shareholders, the company's workers, or investors, with a duty to compensate for the harm.
- Abuse of Regulatory PowerA practice prohibited to public authorities when they issue regulations: creating market reserves, blocking new competitors, requiring unnecessary specifications, or generating artificial demand for a product or service.
- Abuse of RightThe exercise of a right in a way that manifestly exceeds the limits set by its purpose, by good faith, or by accepted standards of morality (*bons costumes*).
- Abusive AdvertisingIt is advertising that, even without being deceptive, offends society’s values or exploits people’s vulnerability. It includes discriminatory advertising, advertising that incites violence, takes advantage of children’s inexperience…
- Abusive Consumer PracticeConduct by a supplier that the law prohibits because it undermines the consumer's freedom of choice, contractual balance, or protection.
- Abusive Debt CollectionDebt collection that exposes consumers to ridicule or subjects them to threats or embarrassment, practices prohibited by law.
- Abusive practiceIt is conduct by a supplier that takes advantage of a consumer’s vulnerability or imposes an excessive disadvantage. Examples include tied selling, unjustified refusal of service, sending an unordered product…
- Ação Rescisória (Action to Rescind a Final Judgment)A lawsuit used to undo a final judgment on the merits that is no longer subject to appeal. It is available in cases such as a manifest violation of a legal rule or false evidence.
- Access to Public InformationThe right to obtain information from the agencies and entities covered by the law, subject to restrictions that are legally justified.
- Access to the Administrative FileThe right of an interested party to review the documents in a case file, except for information protected by legal confidentiality.
- Access to Your Consumer RecordsThe right to know what personal and consumer information is on file about you, and where it came from.
- Access to Your Own Personal DataYour right to know what data a controller processes about you, through either an immediate simplified response or a complete declaration as provided by law.
- Accession (*Acessão*)A way of acquiring ownership of real property when land or construction is added to it, whether through the formation of islands, alluvium, avulsion, abandonment of a riverbed, or buildings and plantings.
- Accident BenefitA compensatory benefit paid to an insured person who, after an accident, is left with a permanent impairment that reduces their ability to work. It does not require a qualifying period and is compatible…
- Accident Date in Occupational DiseaseThe date the law treats as the date of the accident in cases of occupational or work-related disease. It is the date the incapacity began, the date of compulsory isolation, or the date of diagnosis, whichever comes first.
- Accident of Any Nature or CauseAn event of traumatic origin or involving exposure to external agents that causes death, bodily injury, or a reduction in the ability to work, and that waives the grace period requirement.
- Accountability in Data ProtectionThe duty to demonstrate effective measures for complying with data protection rules, rather than merely stating that those rules are followed.
- Accrued Participant RightsThe amount a participant takes along when transferring (portability) to another plan, equal to the reserves the participant has built up or to the plan's actuarial reserve, whichever is more favorable to the participant.
- Acknowledgment of paternityAn act by which someone acknowledges that they are a person’s father, establishing the legal relationship between them. It may be voluntary, made at a civil registry office, by deed or by will, or…
- AcórdãoA collective judgment issued by a court, as defined by procedural law.
- Act harmful to the public administrationConduct by a company that undermines public property or the principles of public administration, such as promising an undue advantage to a public official or defrauding a bidding process or contract.
- Act of God or Force Majeure (*Caso Fortuito ou Força Maior*)An unavoidable event whose effects could not be prevented or stopped, which relieves the debtor of liability unless the debtor expressly assumed it.
- Action to Contest Paternity (*Contestação da Paternidade*)A lawsuit that the law declares not subject to any statute of limitations, in which a husband challenges the paternity of children born to his wife. His heirs may continue the case after his death.
- Active joint and several creditorship (*solidariedade ativa*)A situation in which each of the creditors of the same debt can demand that the debtor perform the obligation in full.
- Active Participation in the Rural Family UnitA requirement for spouses, partners, and children over sixteen to be recognized as special insured persons, based on their actual work in farming activities.
- Active Tax Capacity (Capacidade Tributária Ativa)The authority to collect, audit, or demand taxes, which may be delegated under the conditions set by law without transferring the power to create them.
- Active TransparencyThe public authorities' disclosure of information of collective or general interest on their own initiative, without the need for an individual request.
- Acts That Do Not Disqualify a Special Insured PersonSituations the law allows without loss of special insured status, such as sharing part of the property through a partnership agreement, rural tourism for a limited period, and assistance benefits.
- Actual DamagesActual damages are the loss the victim actually suffered, which immediately reduced their assets as a result of the harmful event. They represent what the victim lost or…
- Adding Years to Contribution Time in the CalculationYears added to your contribution time solely for purposes of applying the fator previdenciário (the social security factor), in favor of women and of those who prove they worked exclusively as teachers in basic education.
- Additional Contribution for Special RetirementAn extra contribution owed by the employer to fund the benefit, which applies only to the pay of insured workers exposed to special conditions.
- Addressing a Plan DeficitThe allocation of a supplementary pension plan's shortfall among sponsors, participants, and beneficiaries, in proportion to what each one contributes.
- Adequacy DecisionA finding that a country or international organization offers data protection compatible with what is required for international data transfers.
- Adhesion Agreement (*Convênio de Adesão*)The instrument that formalizes a company's or entity's status as a sponsor or settlor of a supplementary pension plan. It is entered into with the closed pension entity and must be authorized in advance by the regulatory agency.
- Adhesion ContractA contract whose terms are set unilaterally by the supplier or approved by a government authority, leaving the consumer no real opportunity to negotiate them.
- Administrative ActA statement or decision by the Public Administration, made in the exercise of its functions, that produces legal effects, such as an appointment, a license, a fine, or an expropriation. It typically has five elements: competence, purpose, form,…
- Administrative AnnulmentThe withdrawal of an unlawful act by the Public Administration, within legal limits and with respect for the rights of the people affected.
- Administrative appealA request made to the agency itself to reconsider a decision the interested party considers unfair or unlawful, generally reviewed by an authority senior to the one that made the decision. It has a deadline for…
- Administrative Auction (*Leilão Administrativo*)A bidding procedure used to sell public assets in the situations the law allows. The highest valid bid wins.
- Administrative AuthorityA public official with decision-making power within an administrative competence assigned by the legal system.
- Administrative Avocation (Avocação Administrativa)The temporary, exceptional assumption by a higher authority of a power that belongs to a hierarchically subordinate body, for relevant and justified reasons.
- Administrative Body (*Órgão Administrativo*)An operating unit within the administrative structure that has no legal personality of its own, separate from the entity to which it belongs.
- Administrative Consumer FineA monetary penalty scaled to the seriousness of the violation, the advantage gained, and the violator's economic condition, as provided by law.
- Administrative Consumer SanctionA penalty imposed by a competent authority for violations of consumer protection rules, following a legal proceeding.
- Administrative ContractAn agreement entered into by the government to serve a public purpose, governed by statutory provisions and the terms the parties agree to.
- Administrative DeadlineThe period in which you must perform an act or exercise a right in an administrative proceeding, counted according to the rules of the applicable legislation.
- Administrative DisqualificationAn objective situation that bars a public official from acting in an administrative proceeding, such as having an interest in the matter or having previously taken part in it under the conditions set by law.
- Administrative Disqualification for Bias (*Suspeição Administrativa*)A challenge to an official's impartiality based on circumstances such as close friendship or notorious enmity with interested parties, in the cases the law provides for.
- Administrative EfficiencyA principle requiring public authorities to act appropriately to achieve public results, while respecting legality and the rights of the people they serve.
- Administrative EntityAn operating unit with its own legal personality, as defined by the federal administrative procedure law.
- Administrative Fact-Finding PhaseThe stage at which the agency investigates the facts and gathers the information it needs to make an administrative decision.
- Administrative ImpersonalityA requirement of objectivity and service to the public interest, prohibiting undue favoritism and the self-promotion of public officials.
- Administrative Inquiry (*Diligência Administrativa*)A step taken to clarify facts, obtain documents, or complete the record before a decision is made.
- Administrative JurisdictionThe legal authority to perform acts and decide matters. As a rule, it cannot be waived, though it may be delegated or taken back (*avocação*) in the cases the law allows.
- Administrative JustificationAn administrative justification is a procedure within the INSS (Brazil's National Social Security Institute) used to establish facts or relationships that do not appear in official records, such as prior work periods or a stable union, through…
- Administrative LegalityThe duty of public authorities to act in accordance with the law and the legal system as a whole, respecting the powers and limits the legal order imposes.
- Administrative misconductConduct by a public official, and sometimes by a private individual acting with that official, that breaches duties of honesty and legality, resulting in unlawful enrichment, damage to the public treasury, or a…
- Administrative MoralityThe duty to observe ethical standards of probity, decorum, and good faith in the conduct of public administration.
- Administrative NoticeA formal communication sent to an interested party so that they learn of a decision or carry out a required step, containing the elements the law requires.
- Administrative OpinionA technical or legal statement that supports a decision. Its effects depend on its nature and on whether the law requires it.
- Administrative Proceedings Initiated Ex OfficioThe opening of a proceeding on the Administration's own initiative, without waiting for a request from the interested party.
- Administrative ProportionalityA requirement that means and ends be properly matched: restrictions or penalties that go beyond what is necessary to achieve the legal purpose are prohibited.
- Administrative Public ConsultationOpening a matter of general interest to public participation before a decision is made, under the conditions set out in the law.
- Administrative Public HearingA meeting that lets interested parties take part in discussing an important issue and contribute to an administrative decision.
- Administrative PublicityThe duty to officially disclose the actions of public authorities, subject to the confidentiality exceptions provided by law.
- Administrative PurposeThe requirement that public action serve the purpose set by law and the general interest, and that officials never use their powers for improper ends.
- Administrative ReasonablenessA standard requiring that decisions be consistent with the circumstances and the purposes set by law, so that agencies do not impose arbitrary demands.
- Administrative Reasoning Requirement (*Motivação Administrativa*)A statement of the facts and legal grounds that justify an administrative act or decision, in the cases required by the legal system.
- Administrative ReconsiderationReview of a decision by the same authority that issued it, where the procedure allows.
- Administrative RequestA request addressed to a government agency that identifies the applicant, sets out the facts and legal grounds, and states what the applicant is asking for.
- Administrative RevocationThe withdrawal of a valid administrative act for reasons of convenience or timeliness, while respecting vested rights and legal limits.
- Administrative SanctionA consequence imposed by the Public Administration for an infraction, through the authority, procedure, and safeguards established by the legal system.
- Administrative Sanctions in Data ProtectionA measure imposed by the competent authority after an administrative proceeding, taking into account the violation, the defense, and the criteria set by law.
- Administrative self-review (*autotutela administrativa*)The power and duty of the public administration to review its own acts, annulling those that are unlawful and revoking, on grounds of expediency and timing, those that have become inappropriate, without having to go to court. The…
- Administrative statute of limitationsThe loss, through the passage of time, of the government's authority to impose a penalty or review certain acts, as well as of the time limit for an interested party to assert rights through administrative channels. Time limits vary…
- Administrative Tax ChallengeA challenge to a tax assessment in the administrative proceeding. Where the law allows it, the challenge suspends the debt's enforceability.
- Administrative Validation (Convalidação Administrativa)Correction of a curable defect in an administrative act when doing so neither harms the public interest nor prejudices third parties.
- AdoptionAn exceptional, irrevocable measure that gives the adopted person the status of a child, with the same rights, including inheritance rights, and ends the legal bond with the birth parents.
- Advance Notice of Termination (<em>Aviso Prévio</em>)Notice of contract termination that the law requires in certain situations, with effects and duration that depend on the applicable legal regime.
- Advance Notice of the Work StoppageYou must notify the employer at least forty-eight hours in advance. For essential services, that period increases to seventy-two hours, and users must be notified as well.
- Advance Relief Requested in Advance of the Main Claim (Tutela Antecipada Antecedente)An urgent request filed before the final request, in a petition limited to the advance relief being sought, which must be supplemented once the relief is granted.
- Advance Tax PaymentPayment made by the taxpayer before the tax authority reviews it, under the system of assessment by subsequent approval (*lançamento por homologação*).
- Advanced Electronic SignatureAn electronic signature with controls for authorship, a link to the signatory, and detection of any changes, as defined by law.
- Adversarial Process in Administrative Proceedings (Contraditório Administrativo)The right to know about, and respond to, any evidence or information that could influence an unfavorable administrative decision.
- Adverse PossessionAdverse possession is a way to acquire ownership of an asset, generally real property, through peaceful, uninterrupted possession for a period established by law. It requires the person to…
- Affiliation Before the Social Security ReformThe status of someone who was already insured under the RGPS (Brazil's General Social Security Regime) on the date the reform took effect, which the transition rules of that regime require for retirement.
- Affiliation with Social SecurityThe legal bond between a contributor and Social Security, from which rights and obligations arise for both sides.
- Affinity (Relationship by Marriage or Stable Union)The bond that ties each spouse or partner to the other's ascendants, descendants, and siblings. In the direct line, it does not end when the marriage or union ends.
- Age of MajorityThe point at which minority ends, upon turning eighteen, qualifying a person to perform all acts of civil life.
- Age-Based Exemption from Periodic Medical ReexaminationRetirees receiving permanent disability benefits and disabled pensioners who have not returned to work are excused from periodic medical reexaminations once they reach the ages set by law.
- Age-Based Rate Increases in Health PlansA monthly premium increase based on age, allowed only when the age brackets and percentages are stated in the original contract, and prohibited for anyone over sixty who has had the plan for ten years.
- Aggravating CircumstanceA condition that always increases a sentence when it neither constitutes nor qualifies the offense, such as recidivism, a petty or base motive, and the use of a cruel method.
- Agravo Interno (Internal Appeal to the Panel)An appeal to the full panel of judges challenging a decision made by a single judge (the *relator*), under the rules set by statute and by the court's internal regulations.
- Agreement to Process a Benefit ApplicationAn arrangement under which a company, labor union, or retirees' association prepares and documents a benefit application for its employee or member and the person's dependents.
- Allocation of paymentThe right of a person who owes two or more debts to the same creditor to state which one they are paying, as long as all of them are liquid and due.
- Alternative ObligationA duty that allows for more than one possible performance, with the choice belonging to the debtor unless the contract or the law gives the option to someone else.
- Amendment of an Administrative ContractHow contract terms may be modified in the situations the law allows, with a stated justification, within set limits, and with the rights provided by law preserved.
- Amount in Controversy (*Valor da Causa*)A specific sum of money that must be assigned to every lawsuit, even when the right in dispute has no immediate economic value.
- Ancillary Tax ObligationA duty set out in the legislation, such as filing a return or documenting transactions, that serves tax collection or tax oversight.
- Annual Tax AnteriorityA rule that bars the collection of certain taxes in the same fiscal year in which the law that created or increased them was enacted, subject to exceptions.
- Annulment of MarriageCourt-ordered annulment of a marriage entered into with a curable defect, such as failure to meet the minimum age, lack of authorization from the legal representative, or a defect in consent.
- AnonymizationThe use of reasonable technical means to prevent data from being linked, directly or indirectly, to a person.
- Anonymization for ResearchData processing designed to prevent the identification of data subjects in studies and research, in line with the legal requirements and the technical means available.
- Anonymized DataData that cannot be used to identify the person it relates to, taking into account the reasonable technical means available at the time the data is processed.
- Another Source of Income for Special Insured PersonsIncome unrelated to rural activity that, as a general rule, removes a family group member's status as a special insured person (*segurado especial*), unless the law provides an exception.
- Answer (Contestação)The defendant's response to the plaintiff's allegations, setting out the defendant's arguments within the limits and conditions set by procedural rules.
- Apparent DefectA flaw that is easy to spot. The deadline to file a complaint runs from the delivery of the product or the end of the service.
- Appeal (Apelação)The appeal available against a trial court judgment, subject to the conditions and exceptions set out in the Code of Civil Procedure.
- Appeal to the CRPSThe insured person may challenge INSS (Brazil's National Social Security Institute) decisions through administrative proceedings before the Social Security Appeals Council. The appeal is decided by panels and chambers made up of government and civil-society…
- Application Access LogInformation about the date and time an application was used from a particular IP address.
- Appointment in a Public Competitive ExaminationThe act by which the Administration calls an approved candidate to take office, the first step in entering the public service. After appointment, the candidate is sworn in and begins performing the duties of the position…
- Apprenticeship ContractA written, fixed-term contract in which the employer provides technical and professional training to a young person enrolled in an apprenticeship program.
- Appropriateness of ProcessingWhether the use of personal data is consistent with the purposes disclosed to the data subject and with the context in which the data was collected.
- Arras confirmatórias (Earnest Money Deposit)A sum of money or movable property handed over when a contract is signed. Once the agreement is performed, it is either returned to the party who gave it or credited against the amount owed, if it is of the same kind as the performance due.
- Arras penitenciais (Earnest Money with a Right of Withdrawal)A deposit paid when the contract provides a right of withdrawal. It serves only to compensate the other party, and it does not entitle anyone to additional damages.
- Arrest in flagrante delictoThe arrest of a person who is committing a criminal offense, has just committed it, is pursued immediately afterward, or is found soon after with objects that suggest he or she is the perpetrator.
- Articles of Organization (Contrato Social)The instrument that governs the formation of a company and the relationships among its members, containing the elements required by law.
- Artisanal FisherA person who fishes as a regular profession or as their main means of livelihood and, for that reason, is classified as a special insured person under Social Security.
- Assessment Based on a Taxpayer DeclarationAn assessment made on the basis of information provided by the taxpayer or by a third party, as provided by law.
- Assessment by Self-Declaration (*Lançamento por Homologação*)A tax regime in which the taxpayer pays in advance, without prior review, subject to later approval by the tax authority.
- Assessment by the Tax Authority (*Lançamento de Ofício*)The tax authority's establishment or revision of a tax credit in the cases the law allows, including when there is a material omission or error.
- Assignment of Credit (*Cessão de Crédito*)The transfer of a credit to another person. It is allowed unless the nature of the obligation, the law, or an agreement with the debtor prohibits it.
- Assistance Benefit for More Than One Family MemberTwo or more people in the same family can each receive the assistance benefit, as long as each one meets the requirements set by law.
- Assistance Benefit for Older AdultsA monthly benefit paid to people age 65 or older who can show that they have no means of supporting themselves and that their families cannot support them either.
- Assumption of DebtA third party steps into the debtor's place with the creditor's express consent, which releases the original debtor unless the new obligor was insolvent and the creditor did not know it.
- Attachment of Assets (<em>Penhora</em>)An act of seizing assets to secure the satisfaction of an obligation in an enforcement proceeding, subject to the exemptions established by law.
- Attachment of Assets in Tax Enforcement Proceedings (*Penhora* in *Execução Fiscal*)A court order seizing assets to secure payment of a debt, subject to the rules of priority and asset protection.
- Attempted CrimeA situation in which the execution of a crime begins, but the crime is never completed because of circumstances beyond the offender's control.
- Autarquia (Federal Agency)An administrative entity with public-law legal personality, created by statute to carry out core functions of the public administration.
- Authenticity of Electronic DocumentsVerification that a digital document actually comes from the person identified as its author, using the means permitted by law.
- Author’s Economic RightsThe rights to economically exploit a protected work, subject to the authorizations, limits, and conditions set by law.
- Autonomous System AdministratorThe party responsible for blocks of IP addresses and for the autonomous routing system, as defined by the Marco Civil (Brazil's Internet Civil Framework).
- AvalA personal guaranty written on a negotiable instrument for a fixed sum, by which the person who gives it becomes bound to pay. A guaranty covering only part of the debt is prohibited.
- Average of 100% of the Contribution PeriodA calculation base that takes into account your entire contribution history from July 1994 onward, or from your first contribution if it came later, with all values adjusted for inflation.
- Award in Public ProcurementThe assignment of the contracted object to the winning bidder after the stages and controls set out in the procurement procedure.
B
- Backdating the Start Date of Your ContributionsPermission for self-employed contributors (*contribuinte individual*) to pay contributions for a period before their registration, as long as they can prove they earned income from work during that time.
- Bad-Faith Litigation (*Litigância de Má-Fé*)Conduct in a lawsuit that falls within the legal categories of disloyalty to the court and the other party, and that can result in a fine, damages, and other consequences.
- Ban on Combining Time ReductionsYou cannot add together, for the same contribution period, the reduced-time rule for persons with disabilities and the reduction that applies to work in harmful conditions.
- Ban on Double-Counting Contribution TimeThe prohibition on counting a contribution period with an increase, at double value, or under any other special condition when time served under one system is used in another.
- Ban on Issuing Certificates Without Proof of Actual ContributionsBrazilian law prohibits issuing a time-of-contribution certificate that records only time worked, without proven contributions, except for categories whose contributions are the responsibility of a third party.
- Ban on Removing Service Credit Because of a Pay BenefitProhibition on withdrawing from the public-servant pension system (RPPS) time already credited, when that time served as the basis for a pay benefit for an active public servant.
- Ban on Two Benefits for the Same AdoptionA rule that prevents maternity pay (*salário-maternidade*) from being granted to more than one insured person for the same adoption or guardianship process, except for payment to the birth mother.
- Bankruptcy (Falência)A proceeding that removes the debtor from running the business so that an unviable company can be liquidated quickly, while keeping its assets in productive use and allowing the entrepreneur to return to economic life.
- BarrierAny obstacle, attitude, or behavior that limits or prevents a person's social participation and the exercise of their rights to access, movement, and communication.
- Base Salary Scale (*Escala de Salários-Base*)A now-defunct table of classes that set the contribution base for self-employed and voluntary contributors to Brazil's social security system, along with the minimum time you had to stay in each class.
- Basic Calculation PeriodThe period whose contribution salaries go into the average that forms the basis of the benefit, counted from July 1994 or from the start of contributions, if later.
- Basic Design (*Projeto Básico*)The set of elements needed to define and size a construction project or service, with the level of precision required by law.
- Being Accompanied by a Doctor You TrustYour right, as an insured person, to be accompanied at the Social Security medical exam by a professional of your choosing, at your own expense.
- Beneficial Retroactivity in Tax LawApplying a later law that is more favorable to the taxpayer on an infraction, under the conditions set by law and without extending to every tax situation indiscriminately.
- Beneficiary Receiving Benefits from a Pension Plan (Assistido)A participant, or a participant's beneficiary, who is already receiving ongoing benefit payments from a supplementary pension plan.
- Benefit Amount for Special Insured PersonsThe benefit base amount (*salário de benefício*) for special insured persons is set at the statutory minimum, subject to the exceptions provided in the regulation.
- Benefit calculation baseThe base amount used to calculate the benefit’s initial monthly payment. As a rule, it corresponds to the average of the insured person’s contribution wages throughout the contribution period. A percentage is applied to this…
- Benefit Calculation CoefficientThe percentage applied to the average of your contribution salaries to arrive at the amount of your retirement benefit. It grows with each year of contributions beyond the minimum required time.
- Benefit Cap ReviewA benefit cap review seeks to correct benefits whose amount was limited by the social security cap before the constitutional amendments that raised that limit. Insured individuals whose benefits were capped under the previous limit…
- Benefit Plan ParticipantAn individual who joins a supplementary pension plan. The plan must be offered to all of the sponsor's employees or the settlor's members, but enrollment is optional.
- Benefit Plan SponsorA company or public entity that offers a supplementary pension plan to its employees or public servants. The arrangement is formalized through a membership agreement (*convênio de adesão*) signed with the closed pension fund.
- Benefit Plan SponsorA professional, trade, or sector-based legal entity that offers a supplementary pension plan to its associates or members, solely under the defined contribution model.
- Benefit Plan TypeHow a supplementary pension plan is classified as defined benefit, defined contribution, or variable contribution, under rules set by the regulatory agency to ensure solvency and financial balance.
- Benefit reviewA request to correct the amount or terms of a benefit already granted when there is an error in the calculation or uncredited time. It may be filed through administrative proceedings before the INSS…
- Benefit Salary and Contribution AverageA calculation concept that uses all of the insured person’s contribution salaries to determine the benefit base. After the reform, as a rule, the average of all salaries from July…
- Benefit with No Waiting PeriodA benefit the law grants without requiring a minimum number of contributions, such as survivor's pension, family allowance, accident assistance, and vocational rehabilitation.
- Betterment Contribution (*Contribuição de Melhoria*)A tax imposed to fund a public works project that increases the value of nearby real estate, subject to the limits and requirements set by law.
- Bid Notice (*Edital de Licitação*)The document that sets out the subject matter, the conditions for participating, and the rules for both the competition and the contract that follows.
- Binding Effect of the OfferThe obligation to honor the sufficiently precise terms advertised to the consumer, as provided by law.
- Biometric DataPhysical or behavioral characteristics used to recognize people. When linked to an individual, they fall into the category of sensitive data.
- Biometric Registration of the Benefit ApplicantBiometric data collection required of anyone applying for the assistance benefit, through the national ID, voter registration, or driver's license databases, or of their legal representative.
- Biopsychosocial AssessmentAn examination by a multiprofessional, interdisciplinary team that recognizes a disability and its degree. It is a requirement for retirement of a person with a disability.
- Blocking of Personal DataThe temporary suspension of processing operations while the data or the database is kept in storage, as required by law or in the exercise of a legal right.
- Board of Appeals (Junta de Recursos)A body within Brazil's Social Security Appeals Council that decides, at the first level, appeals against INSS (Brazil's National Social Security Institute) decisions in cases involving beneficiaries' interests.
- Board of Directors (*Conselho de Administração*)The collegiate decision-making body of a Brazilian corporation (*companhia*), made up of members elected and removable by the shareholders' meeting. It is mandatory for publicly held companies and for companies with authorized capital.
- Borrowed Evidence (*Prova Emprestada*)Evidence produced in one lawsuit and used in another, given whatever weight the judge considers appropriate, as long as the right to adversarial proceedings (*contraditório*) is respected.
- BPC/LOASThe Continuous Cash Benefit is a monthly payment made to an elderly person or person with a disability who is economically vulnerable. It is an assistance benefit, does not require prior contributions, and does…
- Broad Administrative Right to DefenseThe guarantee that you can present arguments, offer evidence, and appeal in proceedings where the law gives interested parties the right to defend themselves.
- Building on Another Person’s LandConstruction or planting done on someone else's land, which becomes the property of the landowner, with compensation for the person who acted in good faith and, if the value greatly exceeds that of the land, the right to acquire the land.
- Burden of ProofThe duty to prove the facts that matter to a claim or a defense, allocated according to the law or a reasoned court decision.
- Business Establishment (*Estabelecimento Empresarial*)The organized set of assets that a business owner or business entity uses to carry on its business.
- Business NameThe firm name (*firma*) or corporate name (*denominação*) used to identify a sole proprietor or a company, subject to legal rules of protection.
- Business Owner RegistrationAnyone who plans to carry on a business activity must register with the Public Registry of Commercial Companies (*Registro Público de Empresas Mercantis*) at the location of the business headquarters, before the activity begins.
- Business owner’s accounting recordsThe duty to maintain an accounting system with uniform books, supported by the corresponding documentation, and to prepare a balance sheet and an income statement every year.
- Business Partnership (Sociedade Empresária)A company whose purpose involves activity characteristic of a businessperson, subject to the type of company chosen and the exceptions set out in law.
- Businessperson (Empresário)A person who professionally carries out an organized economic activity involving the production or circulation of goods or services, subject to the exceptions set out by law.
- Bystander Consumer (Consumidor Equiparado)A person or group protected by the Consumer Protection Code in situations where the law treats them as consumers, such as victims of consumer accidents.
C
- Cadastro Único for Social ProgramsA federal registry of low-income families. Registration in it, along with registration in the CPF (Brazil's individual taxpayer registry), is required to grant, maintain, and review the assistance benefit.
- Calculation Basis for Ongoing BenefitsThe rule that sets the amount of every monthly Social Security benefit based on the benefit wage (*salário de benefício*), except for the family allowance and maternity pay.
- Carcinogenic agentAn agent recognized as causing cancer in humans. Exposure to it is no longer considered effective when control measures eliminate its harmful effects.
- Case Law (*Jurisprudência*)A body of court decisions on legal questions, whose weight depends on the court that issued them, their consistency, and the rules on whether they must be followed.
- Case of Lesser ComplexityA civil case that the law defines by its value and subject matter, and which therefore falls to the Special Civil Court (*Juizado Especial Cível*) to conciliate, process, and decide.
- CAT (Workplace Accident Report)The document an employer files to report a workplace accident to Brazil's Social Security system by the first business day after the accident, or immediately if the accident results in death.
- Causa de pedir (Cause of Action)The set of facts and legal grounds that the plaintiff sets out in the initial petition to justify what he or she asks the judge to grant.
- Causa Mortis and Gift Transfer TaxA state tax on the transfer of property and rights upon death or by gift, subject to the limits set by the Constitution and by statute.
- CausationCausation is the link between someone’s conduct and the harm suffered by the victim, showing that the loss resulted from that particular conduct. It is one of the requirements for civil…
- Certificate of Active Debt (Certidão de Dívida Ativa)The document that represents a registered debt owed to the government. To be valid, it must contain the elements the law requires.
- Certificate of contribution timeDocument that proves the insured person's contribution time under a given social security system. It is used to transfer that time from one system to another, such as between the general system…
- Certificate of No Debts (*Certidão Negativa de Débitos*)A document showing that no debts exist in the situation searched, according to the requirements and scope set by law.
- Certificate of Positive Status with Effects of Negative StatusA certificate that has the same effects as a clean (negative) certificate in the situations the law provides for, such as when a debt's enforceability is suspended.
- Chain of Custody of EvidenceThe set of procedures that documents the history of a trace item collected at the crime scene or from the victim, so that its possession and handling can be tracked until its disposal.
- Challenge to Enforcement of Judgment (*Impugnação ao Cumprimento de Sentença*)The defense a debtor files in the same case record, after the voluntary payment period has expired, to argue, among other things, that service of process was invalid or that a party lacks standing.
- Challenging the Authenticity of a DocumentA specific objection to the authorship or authenticity of a document, including an electronic one, governed by the rules of evidence in court proceedings.
- Change in the Degree of DisabilityA change in the degree of disability after enrollment in the general social security regime, which leads to a proportional adjustment of the parameters based on the years worked under each condition.
- Changes to the Employment ContractA change to the agreed terms of employment is lawful only if the worker consents and the change does not cause the worker harm. Otherwise, the clause is void.
- Changing the Property RegimeA change to the property regime during marriage, allowed by court authorization upon a reasoned request from both spouses, with the rights of third parties preserved.
- ChargebackA chargeback is the reversal of a charge made to a credit or debit card. You request it from the card issuer when you find a purchase you don't recognize, fraud, a duplicate charge, or a product that never arrived…
- Chargeback After Withdrawing From an Online PurchaseReversal of the charge on your card statement after you exercise your right of withdrawal, once the seller immediately notifies the financial institution or card administrator.
- Child supportAn amount paid periodically to support someone who cannot support themselves, such as children, a former spouse, or elderly parents. It covers expenses for food, housing, health care, education, and clothing. The amount…
- Child Support and Family Support Between RelativesA mutual duty to provide support between parents and children, extending to all ascendants (parents, grandparents and further up the family line) and, if there are none, to descendants and siblings, falling first on those closest in degree of kinship.
- Civil kinshipA family relationship that does not arise from blood and instead comes from another source, such as adoption, as opposed to natural kinship.
- Civil liabilityCivil liability is the duty to compensate for harm caused to another person by one’s own conduct, by the act of a third party under one’s supervision, or by an object under one’s responsibility. As a…
- Civil Statute of Limitations (*Prescrição*)The extinction of the right to bring a claim once the legal deadline has passed, taking into account the grounds that prevent, suspend, or interrupt the limitation period.
- Classification by Professional CategoryRecognition of special-conditions time based on the occupation you held, which is no longer allowed because the rules require proof of actual exposure to agents harmful to your health.
- Classified InformationInformation subject to access restrictions for reasons established by law, with a defined level and period of secrecy.
- Clear Information in Internet Service ContractsThe duty to provide complete information about services, the protection of records, and network management practices.
- Closed supplementary pension entityA nonprofit foundation or civil society that manages pension plans open only to employees of a sponsoring company, to public servants, or to members of a professional or trade association.
- Closed-regime requirement for the auxílio-reclusão (prisoner’s benefit)The insured person must be imprisoned under the closed regime, and the dependents receive the benefit only for as long as that regime lasts.
- CNISThe National Register of Social Information is the database that compiles workers’ employment records, earnings, and contributions. It serves as the basis for the INSS to review benefit applications…
- Cohabitation Agreement (*Contrato de Convivência*)A written agreement in which unmarried partners set aside the partial community property regime, which governs a stable union (*união estável*) when nothing is agreed in writing.
- Cohabitation Period (Estágio de Convivência)A period during which the prospective adoptive parent and the child get to know each other before the adoption, with a maximum length set by law and a waiver allowed in the cases the law provides.
- Collective Agreements Prevailing Over the LawThe power of a collective bargaining agreement (convenção coletiva) or company-level collective agreement (acordo coletivo) to prevail over statutory law on the matters the law itself authorizes, such as working-hour arrangements and the annual hour bank.
- Collective BargainingA procedure in which labor unions and companies agree on working conditions, and neither side may refuse to take part when the other calls for it.
- Collective Bargaining AgreementA normative agreement between labor unions and employer unions that sets the terms applying to the individual employment relationships of an entire professional category.
- Collective bargaining agreement (*acordo coletivo de trabalho*)A binding agreement between one or more companies and the union representing a professional category, applicable only to the employees of those companies.
- Collective Consumer ProtectionCourt-based protection of consumers' diffuse, collective, or homogeneous individual interests, brought by parties the law authorizes to sue.
- Collective Consumer RightsIndivisible interests of a group, category, or class of people who are bound to one another, or to the supplier, by a basic legal relationship.
- Collective DismissalThe termination of several employees at the same time, treated by law the same as an individual dismissal and exempt from prior union authorization or collective bargaining.
- Collective Protective EquipmentTechnology applied to the workplace to reduce the intensity of the harmful agent, the adoption of which the technical report must state and recommend.
- Combined Harmful AgentsThe presence of more than one health-damaging agent in the same work environment, which the law treats the same as a single agent for purposes of special retirement.
- Combining BenefitsThe possibility of receiving more than one benefit at the same time, subject to legal restrictions. The 2019 reform limited the combined amount of certain benefits, such as retirement benefits and survivors' pensions…
- Combining Different Types of Special Work ActivitiesHow to count, together, periods of exposure to different harmful agents, none of which is long enough on its own, by converting them based on the predominant activity.
- Combining Survivor’s Pension and Retirement Benefits After Constitutional Amendment 103/2019After the Pension Reform, a limit was established for people who receive a retirement benefit and a survivor’s pension at the same time, or more than one pension. The person keeps the full…
- Committee of Representatives (*Comissão de Representantes*)A group of at least three purchasers, named in the contract or elected at a meeting, that represents the buyers before the builder and the developer.
- Community Property with Universal SharingA marital property regime in which virtually all of the couple’s assets are shared, including property each spouse owned before the marriage and, as a rule, property received through inheritance during the marriage.…
- Commuting AccidentAn accident that occurs on the way between your home and your workplace, by any means of transportation, and that the law treats as equivalent to a workplace accident.
- Commuting Time to WorkThe time spent traveling between your home and your workplace. It does not count toward your working hours because it is not time at the employer's disposal.
- Company Manager (Administrador de Sociedade)The person responsible for managing a company, subject to the powers, duties, and liability set out in the company's governing contract and in the law.
- Compensation for Damage to HonorDamages owed for insult (*injúria*), defamation, or slander (*calúnia*), which the judge sets on an equitable basis when the offended person cannot prove material loss.
- Compensation for Injury to HealthCompensation owed to a person who suffers an injury or other harm to their health, covering treatment expenses, income lost until recovery, and other proven losses.
- Compensation for the Victim’s DeathCompensation owed in cases of homicide, covering treatment costs, funeral and mourning expenses, and support payments to those whom the deceased was obligated to support.
- Compensatory penalty clauseA penalty agreed on for total nonperformance of an obligation, which becomes an alternative the creditor may choose in place of performance.
- Competitive DialogueA procurement method in which the government agency holds a dialogue with selected bidders to develop solutions, then receives final proposals under the procedure set by law.
- Complementary Tax RulesActs and practices listed in the Brazilian National Tax Code that supplement the application of statutes, treaties, and decrees.
- Compliance with CRPS DecisionsINSS's duty to respond to the Appeals Council's requests for further inquiry and to carry out its final decisions, without narrowing or expanding the scope of what was decided.
- Components Excluded from the Contribution BaseA closed list of amounts that the regulation excludes from the contribution salary, so they trigger no contribution payment and do not count toward the average that determines the benefit.
- CompossePossession exercised at the same time by two or more people over an undivided thing, where each person performs acts of possession without excluding those of the others.
- Comprehensive Family Protection and Support ServiceA basic social protection service that provides social work to families in vulnerable situations, aiming to prevent the breakdown of family ties and violence within those relationships.
- Compulsory Arbitration in Consumer ContractsA contract term that forces consumers to use arbitration, prohibited by the CDC (Brazil's Consumer Protection Code) as an abusive clause.
- Compulsory Loan (*Empréstimo Compulsório*)A tax that the Federal Government may establish by complementary law in specific constitutional situations, with repayment under the conditions set by that law.
- Compulsory Segregation IllnessAn illness that requires you to be kept away from social contact and preserves your status as an insured person for twelve months counted from the end of the segregation.
- Computer ProgramAn organized set of instructions designed to make devices process information and perform functions, protected under specific legislation.
- Conciliation HearingA procedural step aimed at resolving a dispute by agreement, under the conditions set out in Brazil's procedural law.
- Conciliation in Over-Indebtedness CasesAn attempt to reach an agreement between a consumer and creditors to renegotiate debts while preserving the consumer's legal protections.
- Concorrência (Competitive Bidding)A type of public procurement procedure used for certain goods, public works, and services, with award criteria expressly permitted by law.
- Concubinato (Non-Marital Cohabitation Between Persons Barred From Marrying)An ongoing relationship between people who are legally barred from marrying each other. The Civil Code names it *concubinato* and does not treat it as a stable union.
- Concurrent EmploymentConcurrent employment occurs when an insured person simultaneously has two or more contribution-generating work relationships, such as two jobs or employment combined with self-employment. In such cases…
- Concurrent Fault of the VictimThe victim's own negligent contribution to the harmful event, which leads the judge to set the compensation by comparing how serious each party's conduct was.
- Conditional release (*livramento condicional*)Early release granted by a judge to a convicted person who has served the legal portion of the sentence, has behaved well, and shows the ability to earn a living.
- Conditional Suspension of SentenceSuspension of the execution of a short prison sentence, for a period and under conditions set in the judgment, available to a convicted person who is not a repeat offender for an intentional crime.
- CondominiumA condominium exists when the same property belongs to more than one person at the same time. In the case of buildings and housing developments, there are the private areas of each…
- Condominium Bylaws (*Convenção de Condomínio*)A written document that itemizes the exclusive and common areas of the building, the purpose of each, and the charges owed. It must be approved by owners of two-thirds of the ideal fractions and then recorded.
- Confidentiality of Internet CommunicationsProtection of your communications and their privacy, subject to the situations in which the law allows access and a court order may be issued.
- Confirmation of Electronic ContractingNotice to the consumer that the business has received their acceptance, together with access to the contract so they can save and reproduce it.
- Confirmation That Your Data Is Being ProcessedYour right to obtain from the controller information on whether it is processing your personal data.
- Connected Cases (*Conexão de Ações*)A link between two or more lawsuits that share the same claim or the same legal basis, which allows them to be joined and decided together.
- Connection LogInformation about when a connection starts and ends, how long it lasts, and the IP address the device used.
- Consent for Data ProcessingA freely given, informed, and unambiguous statement by which the data subject agrees to the processing of their data for a specific purpose.
- Consideration (Pay) in the Employment RelationshipA requirement of an employment relationship: the worker must be paid a salary in return for the services performed, as the legal definition of an employee provides.
- Consignação em pagamento (Payment by Consignment)A judicial or bank deposit of the thing owed which, in the cases and in the manner provided by law, counts as payment and extinguishes the obligation.
- Consignment in Payment of Taxes (Judicial Tender Deposit)A court deposit is allowed in situations provided by law, such as when the tax authority refuses to accept payment or demands payment improperly.
- Consolidation of Title in the Fiduciary CreditorThe transfer of the property pledged as collateral into the creditor's name in the real estate registry, after the debt has come due and the borrower has failed to pay following formal notice.
- Constitutional Amendment 103/2019Constitutional Amendment that enacted the so-called Social Security reform. It changed age and contribution-period requirements, created transition rules, and modified benefit-calculation criteria. It applies differently to…
- Constitutional Challenge Before the Court (Arguição de Inconstitucionalidade)A procedural incident in which a panel of a court, upon accepting a claim that a law is unconstitutional, refers the question to the full court or to the court's special body (*órgão especial*).
- Constitutional Complaint (*Reclamação*)A legal remedy used to preserve a court's jurisdiction or to enforce the authority of its decisions, of a binding precedent summary (*súmula vinculante*), and of a mandatory precedent.
- Constructive Dismissal (Rescisão Indireta)Termination of the employment contract at the employee's initiative, with the right to compensation, when the employer demands work outside the scope of the contract, treats the employee with excessive severity, or fails to honor what was agreed.
- ConsumerA natural person or legal entity that purchases or uses a product or service as the end user, without passing it along in the commercial chain. Victims of an accident caused…
- Consumer Class ActionA lawsuit brought by a legally authorized party to protect consumers' rights on a collective basis.
- Consumer Contract ProtectionA set of rules that ensures consumers can know the terms of a contract, have unclear terms interpreted in their favor, and have abusive provisions reviewed and controlled.
- Consumer CreditThe provision of credit in a consumer relationship, including the duties to provide information, assess the borrower's situation, and prevent overindebtedness.
- Consumer DatabasesThe recording of consumer information, which must observe transparency, accuracy, and the rights set out in the Code.
- Consumer DatabasesA system for storing consumers' personal information, subject to the duties of access, correction, and protection set out by law.
- Consumer E-CommerceContracts made online must provide clear information, easy customer service, and respect for the right of withdrawal in the cases the law provides.
- Consumer HyposufficiencyA condition of significant disadvantage that bears on the defense of a person's rights. Courts assess it case by case and take it into account when deciding whether to shift the burden of proof.
- Consumer non-economic damagesThis is compensation due when a supplier’s failure causes harm that goes beyond mere inconvenience, affecting the consumer’s honor, reputation, or peace of mind. Wrongful negative credit reporting, humiliating collection practices…
- Consumer OfferInformation or advertising that is precise enough to bind the supplier and become part of the resulting contract.
- Consumer Payment PlanA proposal to pay the debts covered by the renegotiation, on the terms and within the limits set by the legal framework.
- Consumer Protection Code (CDC)It is the law that protects people who purchase products or hire services for their own use. It establishes basic rights such as clear information, safety, protection against misleading advertising, and compensation for damages. It recognizes…
- Consumer RelationshipIt is the relationship formed when someone acquires a product or service as the end user, on one side, and a company or professional offering it on the market, on the other. Its…
- Consumer Right to InformationThe guarantee of adequate, clear information about products, services, prices, features, risks, and other relevant terms.
- Consumer VulnerabilityThe recognition that consumers hold a vulnerable position in the marketplace, which is the foundation of the protective policy set out in the Code.
- Continuing Benefits Until RehabilitationGuarantee that temporary disability benefits will continue to be paid until the insured person is considered rehabilitated for an activity that provides a means of living.
- Continuing Crime (*Crime Continuado*)The treatment given to multiple crimes of the same kind committed under similar conditions of time, place, and manner of execution, which are punished as a continuation of the first crime, with an increased sentence.
- ContractA contract is an agreement between two or more persons to create, modify, or terminate rights and obligations. It requires legally capable parties, a lawful subject matter, and a form permitted by law.…
- Contract Repactuação (Cost Renegotiation)Review of the costs of service contracts in the situations the law allows, supported by an itemized demonstration and the applicable criteria.
- Contract Rescission AgreementA contract rescission agreement is an agreement in which the parties themselves mutually decide to terminate a contract that was still in effect. It works like a contract in reverse, undoing the prior legal relationship…
- Contract terminationContract termination is the ending of a contract before its scheduled end date due to a breach by one of the parties or another ground permitted by law or by the agreement itself.…
- Contracted Connection QualityThe right to have the connection quality you agreed to maintained, subject to the rules that apply to the service.
- Contractual Balance in Consumer ContractsProtection against contract terms and business practices that impose an excessive disadvantage on you or undermine the legitimate balance between what each party gives and receives.
- Contractual Economic and Financial BalanceThe original relationship between a contractor's obligations and its compensation, which must be preserved or restored in the circumstances the law allows.
- Contractual LesionA manifest imbalance between the parties' obligations, undertaken out of pressing need or inexperience, assessed by the values in effect at the time the transaction was made.
- Contractual PenaltyA contractual penalty, also called a penalty clause, is an amount agreed upon in advance in a contract for total nonperformance, delay, or breach of an obligation. It reinforces the commitment and…
- Contractual Price AdjustmentUpdating the price using an index set out in the contract, in compliance with the required adjustment interval and legal requirements.
- Contractual Risk MatrixA clause that identifies risks and allocates responsibilities between the parties, helping to establish the contract's initial economic and financial balance.
- Contractual warrantyThis is the additional warranty voluntarily offered by the manufacturer or seller, usually in writing in the warranty certificate. It is in addition to the statutory warranty, never replaces it…
- Contribution Base Declared by the Optional ContributorThe contribution salary of an optional insured person (*segurado facultativo*) equals the amount the person declares, within the minimum and maximum limits allowed for the month.
- Contribution Base for Domestic EmployeesThe contribution salary of a domestic worker is made up of the pay recorded in the worker's employment record book (*carteira de trabalho*), subject to the minimum and maximum limits for each month.
- Contribution Base for Union OfficersThe salary-of-contribution base for a union officer is made up of the pay received from the union, from the employer, or from both, depending on the capacity in which the officer holds the position.
- Contribution Base Prorated to Days WorkedReduction of the month's contribution salary in proportion to the days actually worked, when hiring, termination, leave, or an absence occurs during the month.
- Contribution on Goods and ServicesA federal contribution established under the consumption tax reform, subject to legislation and to the stages of its implementation.
- Contribution Owed but Not Paid by the EmployerThe contribution salary that counts toward the calculation of benefits for employees, domestic workers, and casual (avulso) workers, even if the employer never forwarded the amount withheld, without prejudice to collection of the debt.
- Contribution SalaryAmount on which the worker's social security contribution is assessed, subject to minimum and maximum limits. For employees, it corresponds to the compensation received; for individual and optional contributors, to the amount…
- Contribution-Time TollA transition mechanism that requires the insured person to contribute for additional time beyond what remained as of the reform date. There are 50% and 100% toll…
- Contributions to a Special Public-Sector Regime When Calculating Your BenefitHow earnings that were the basis for contributions to a special public-sector pension regime (*regime próprio*) can be counted in the General Regime average when you later began contributing to the General Regime.
- Controlling ShareholderA person who holds enough votes to permanently secure a majority in shareholder resolutions and the power to elect most of the company's officers and directors, and who uses that power to direct the company.
- Conversion of Deposit into RevenueThe transfer to the government of the amount deposited against a tax debt, which extinguishes the debt in the cases provided by law.
- Converting a Stable Union into MarriageA request that partners in a stable union may make together, by mutual agreement and at any time, to the civil registry officer of their place of residence to turn the stable union into a marriage.
- Coordinated administrative decisionA legal form of decision-making in which multiple authorities or departments take part, streamlining administrative matters that require input from more than one body.
- Copayment in Health PlansThe share of a medical expense charged to the plan member each time a service is used. It is valid only when the deductible, the financial caps, or the percentage are clearly stated in the contract.
- Copy of Administrative Case FileReproduction of documents from the case file that the interested party may obtain, subject to the legal restrictions on access.
- Copyright on the InternetLegal protection for intellectual works, including when they are used in digital environments, taking into account the author's rights, the term of protection, and statutory limitations.
- Corporate Spin-Off (*Cisão*)A transaction in which a corporation transfers portions of its assets to other companies. If it transfers everything, the corporation is dissolved; if the transfer is partial, its capital is divided.
- Corporation (*Sociedade Anônima*)A company whose capital is divided into shares, in which each shareholder's liability is limited to the issue price of the shares the shareholder subscribed for or acquired.
- Correcting Errors in Online ContractingTools that let you identify and correct mistakes before you finalize a purchase or contract online.
- Correcting Your Consumer RecordYour right to demand the immediate correction of inaccurate data and to have the change reported to recipients as the law requires.
- Correction of Personal DataThe right to request that incomplete, inaccurate, or outdated information being processed about you be corrected.
- Corrective AdvertisingA public announcement meant to undo the effects of false, misleading, or abusive advertising, imposed as a penalty under the conditions set by law.
- Counterarguments in a Social Security AppealA response to an appeal, filed within thirty days of the appeal being lodged. At INSS (Brazil's National Social Security Institute), it may be replaced by the reasons for the denial and the case file itself.
- Counterclaim (*Reconvenção*)A claim the defendant brings against the plaintiff in the same lawsuit, related to the main action or to the basis of the defense.
- Court Order for Digital DataA request submitted to a judge to obtain records, identifying evidence of the unlawful act, the usefulness of the evidence, and the relevant time period.
- Court-Annexed MediationA consensual method in which a third party facilitates communication and helps the parties build their own solution, in accordance with the principles set out in the law.
- Court-Ordered Disclosure of RecordsRelease of records to establish evidence under a court order, with the requirements and confidentiality protections set out by law.
- Creditor’s Default (*Mora do Credor*)The delay of a creditor who refuses to accept payment at the proper time, place, and manner. It obligates the creditor to reimburse the costs of safekeeping and releases a debtor who acted without fraud from liability for the item during that period.
- Crimes Against Consumer RelationsCriminal conduct by anyone who harms consumers in the marketplace, such as selling goods in violation of legal requirements, mixing products of unequal quality, or committing price fraud.
- Criminal BailA guarantee posted so you can defend yourself against a criminal case while free. The police authority grants it for offenses with a lower maximum penalty; in all other cases, a judge does.
- Criminal Non-Imputability (*Inimputabilidade Penal*)Exemption from punishment for a person who, because of mental illness or incomplete mental development, was unable to understand the unlawful nature of the act or control their behavior at the time it was committed.
- Criminal recidivismThe situation of a person who commits a new crime after a final conviction for a prior crime, whether the earlier judgment was issued in Brazil or abroad.
- CRPS Full CouncilThe highest body within the CRPS (Brazil's Social Security Appeals Council), with authority to standardize the interpretation applied when deciding social security disputes.
- Custody Hearing (*Audiência de Custódia*)A hearing held by a judge shortly after an arrest in the act of the crime (*prisão em flagrante*), attended by the person arrested, the defense, and the Public Prosecutor's Office, to release the person from an unlawful arrest or to decide on pretrial detention.
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- Damage Caused by Something Falling From a BuildingHarm caused by objects that fall or are thrown from a building into an improper place, for which the occupant of the building, or of the part it came from, is liable.
- Data of Children and AdolescentsInformation about minors, which must be handled in their best interest and in line with the specific legal protections that apply to them.
- Data Protection by DesignBuilding security measures into products, services, and systems from the planning stage through their implementation.
- Data Protection Contract ClausesContractual commitments used to establish safeguards for the processing of personal data and, in the cases the law allows, to make international transfers possible.
- Data Protection GovernanceOrganizing the policies, procedures, and responsibilities needed to comply with the rules and reduce the risks of data processing.
- Data Protection Impact ReportA document prepared by the data controller that describes processing activities capable of creating risks to individuals' rights, along with the measures designed to reduce those risks.
- Data Protection Officer (Encarregado de Dados Pessoais)The person designated to facilitate communication among data processing agents, data subjects, and the data protection authority, as provided by law.
- Data QualityThe duty to ensure that data is accurate, clear, relevant, and up to date, as needed for the purpose of the processing.
- Data Sharing by Public AuthoritiesShared use of data aimed at specific public-policy purposes or statutory duties, subject to the limits set by law.
- Data SubjectThe natural person to whom the personal data processed in a data-processing operation relate.
- Date of Onset of DisabilityThe benchmark date set in the insured person's assessment to show when the disability began and its degree during each period, used to count the required length of time.
- DCB (Benefit Termination Date)DCB, short for Benefit Termination Date, is the date on which the INSS (Brazil's National Social Security Institute) stops paying a benefit. It often appears in temporary disability benefits, when…
- Deadline for Tax Refund ClaimsThe legal period for seeking a refund of a tax that was improperly paid, counted according to the circumstances under which the decision is annulled or reversed.
- Deadline to Appeal an INSS DecisionYou have thirty days from the date you are notified of the decision to appeal to the Social Security Appeals Council (Conselho de Recursos da Previdência Social).
- Deadline to Apply for a Survivor’s Pension (Pensão por Morte)The period, counted from the date of death, within which filing the claim makes the pension retroactive to the date of death. It is longer for children under sixteen than for other dependents.
- Deadline to Apply for Survivor’s Maternity PayThe requirement that a spouse or partner request the benefit by the last day of the period originally set for the end of the original maternity pay.
- Deadline to Complain About a Product or Service DefectThe legal period for complaining about a flaw in a product or service. It varies with the nature of the item and depends on the rules for when the period starts and what stops it from running.
- Debarment from Bidding and ContractingA penalty that restricts a company or individual from taking part in public bidding and government contracting within the scope set by law, following an administrative proceeding in which the party may present a defense.
- DebentureA security issued by a corporation that gives its holder a right of credit against the company, on the terms set out in the issuance deed and, if one exists, in the certificate.
- Debt Excluded from RenegotiationAn obligation that cannot be included in the over-indebtedness procedure because the law expressly excludes it, based on its nature or origin.
- Decadência in Civil Law (Loss of a Right by Expiration)Loss of a right when the applicable time limit runs out, subject to the specific rules and exceptions provided by law.
- Declaration of Unfitness (Declaração de Inidoneidade)An administrative sanction that bars a person or company from bidding on and entering into public contracts, within the scope and for the period set by law, after a proper proceeding.
- DefaultDefault is a delay in fulfilling an obligation, either because the debtor failed to pay on time or because the creditor refused to accept payment. Once the debtor is in default,…
- DefaultDefault is the failure to perform an obligation, when the debtor fails to pay or do what they agreed to do. It may be total, when nothing is performed, or…
- Default (Revelia)The situation in which a defendant fails to answer a lawsuit, in which case the factual allegations made by the plaintiff are presumed to be true.
- Default InterestDefault interest is the amount charged to a debtor for late payment of a debt, intended to compensate the creditor for the time they went unpaid. It accrues from the…
- Defaulting PartnerA partner who fails to pay the promised contribution on time is liable for the losses caused by the delay and may be expelled or have his or her share reduced to the amount already paid in.
- Deferred Proportional BenefitAn option for a plan participant who leaves employment with the sponsor before becoming entitled to the full benefit, allowing the participant to receive it later, once the eligibility requirements are met.
- Degenerative Disease Excluded from Workplace Accident ProtectionBrazilian law excludes degenerative diseases, diseases inherent to an age group, and diseases that do not cause work disability from being treated as work-related accidents.
- Delegation of Administrative AuthorityThe transfer of the exercise of part of an agency's authority, through a published and clearly defined act, within the limits of the matters that the law prohibits from being delegated.
- Deletion of Personal DataThe removal of data from a database through an appropriate procedure, except in cases where the law authorizes the data to be retained.
- Delivery Deadlines in E-CommerceA term of the offer that must be clearly disclosed and honored when the product is delivered or the contracted service is performed.
- Denúncia Vazia (No-Cause Termination Notice)A landlord's written notice ending a lease of indefinite term without having to give a reason, giving the tenant thirty days to vacate the property.
- Denunciação da lide (Third-Party Impleader for Indemnity)A procedure in which a party brings a third person into the lawsuit so that, in the same action, it can seek reimbursement from someone who is required by law or by contract to pay compensation.
- Dependent with an intellectual, mental, or severe disabilityA dependent whose disability, established before the insured person's death through an assessment by a multidisciplinary team, is exempt from the age limit for receiving a survivor's pension.
- Desaposentação (Renouncing a Retirement Benefit to Obtain a Better One)An attempt to give up a retirement benefit already in effect in order to obtain a more advantageous one, taking into account contributions made after the benefit was granted. The issue was the subject of long controversy in the courts. Under the currently settled case law, it is not recognized as a right of the insured person…
- Design Contests in Public ProcurementA procurement method for selecting a technical, scientific, or artistic work, awarded in exchange for a prize or payment, under the criteria set out in the bidding notice.
- Detenção (Custody or Mere Holding of Property)The situation of a person who, because of a relationship of dependence on another person, keeps a thing on that person's behalf and in compliance with that person's orders or instructions.
- Determination of a Departing Partner’s Equity (*Apuração de Haveres*)The calculation of the value of the ownership interest of a partner who leaves a company, based on the company's net worth as of the date of departure, as shown in a balance sheet prepared specifically for that purpose.
- Developer (*Incorporador*)The individual or legal entity that commits to sell, or actually sells, shares of the land tied to future individual units, and is responsible for delivering the construction on time and under the agreed terms.
- DIBThe Benefit Start Date is the date from which the benefit becomes payable to the insured person. It is usually set based on the date of the application…
- Diffuse Consumer RightsIndivisible interests of unidentified people who are linked by factual circumstances, as defined by law.
- Digital Content Notarial Record (*Ata Notarial*)An instrument in which a notary public records facts the notary personally verifies, including data represented by images or sound in electronic files.
- Digital Copyright Infringement (Contrafação Digital)Reproducing a protected work in digital form without authorization, when the use is not covered by the limitations and exceptions provided by law.
- Digitized Reproduction of a DocumentA copy made by scanning a document can carry evidentiary weight, provided the legal conditions are met and subject to the other party's right to challenge it.
- DIP (Payment Start Date)The DIP, or Data de Início do Pagamento (Payment Start Date), is the day from which the INSS (Brazil's National Social Security Institute) actually begins depositing your benefit. It does not always match the date…
- Direct ContractingPublic contracting without a competitive bidding process, allowed only in the cases the law defines as waiver (*dispensa*) or non-requirement (*inexigibilidade*) of bidding, and subject to a formal procedure and required justifications.
- Direct possessionPossession held by a person who has the thing in their hands for a limited time, based on a right of their own, and who may defend it even against the person who handed the property over.
- Direct Public AdministrationThe set of bodies within the federative entities (the Union, the states, the Federal District, and the municipalities) that carry out administrative functions without forming a legal entity separate from the entity itself.
- Disability Assessment by TelemedicineThe medical assessment for the assistance benefit may be carried out by telemedicine or by document review, in the situations set out in regulations.
- Disability in One of Several ActivitiesThe situation of an insured worker who holds more than one occupation and becomes unable to perform only one of them, in which case the benefit is granted for that activity.
- Disabled DependentA child, stepchild, ward under guardianship, or sibling whose total inability to work, confirmed by a federal medical examination, existed before the insured person's death. This condition removes the age limit.
- Discarding the Lowest Salaries in the CalculationA rule that predates the 2019 social security reform. It drops the lowest contribution salaries from the average and uses only the highest ones, covering eighty percent of the contribution period.
- Disciplinary Administrative Proceeding (PAD)A formal investigation initiated by the Public Administration to investigate misconduct attributed to a public servant and, where appropriate, impose a penalty. It guarantees the right to be heard and a full defense, with an appointed…
- Disciplinary SuspensionA penalty that temporarily removes a public employee from their duties without pay during that period, imposed for moderately serious misconduct or repeated conduct for which the employee was previously warned. It usually has a maximum number…
- Disclosure of Credit Interest RatesThe lender's duty to explain rates, charges, and all other terms of the transaction before the consumer signs the contract.
- Dismissal of a Case Without a Ruling on the MeritsThe closing of a case without a decision on the right in dispute, due to a missing procedural requirement, abandonment of the case, or *res judicata*, among other reasons.
- Dismissal of a Civil ServantA penalty that terminates a civil servant’s employment relationship with the public administration because of serious misconduct, such as job abandonment, misconduct in public office, or corruption. It differs from removal from office, which is not punitive.…
- Dismissal of a Request Without Review of the MeritsClosing of a request without examining the underlying right when a requirement is not met by the deadline and the file lacks enough evidence to grant the benefit or service.
- Dismissal of the Initial PetitionThe judge's rejection of the initial petition (the document that starts a lawsuit) when it is defective, the party plainly lacks standing, or there is no legal interest in bringing the case.
- Disposition of Your Own BodyActs involving your own body are prohibited when they permanently reduce physical integrity or offend good morals, except where required for medical reasons or for transplantation.
- Dispossession (*Esbulho Possessório*)Loss of possession caused by a third party who takes property away from the possessor, allowing the possessor to ask a court to restore possession.
- Disregard of the Corporate Entity in Consumer LawSetting aside a company's separate legal personality in the cases the law allows, so that consumers can be protected, based on an analysis of the applicable requirements.
- Disregard of the Legal Entity (Piercing the Corporate Veil)The exceptional setting aside of the separation between a company's assets and its owners' assets, allowed only in the situations of abuse that the law describes, without confusing mere insolvency with the requirements of the civil-law regime.
- Dissolution of a CompanyThe winding up of a company for a reason set out in the law or in the company's governing contract, such as the end of its term, a decision by the partners, or the loss of its authorization to operate.
- Distinguishing a PrecedentA showing that the current case differs from an earlier decision in a legally relevant way, which may justify not applying that decision.
- Disturbance of Possession (*Turbação da Posse*)An interference that affects possession without taking it away from the possessor entirely, and that allows the possessor to file a court request to be maintained in possession.
- Dividing the Survivor’s Pension Among BeneficiariesThe pension is divided in equal shares among all eligible dependents, and each dependent's degree of kinship does not change the size of his or her share.
- Divisible ObligationA duty whose performance can be split up: when there are multiple creditors or debtors, the obligation is presumed to be divided into as many equal and distinct obligations as there are creditors or debtors.
- Division of PropertyDivision of a couple’s assets when the relationship ends, whether through divorce or the dissolution of a stable union. What each person receives depends on the property regime adopted.…
- DivorceThe legal dissolution of a marriage, which ends the marital bond and allows the parties to remarry. It may be consensual, when there is an agreement on property, custody, and support,…
- Documentary EvidenceA document used to establish facts in a lawsuit, subject to the rules on submission, authenticity, and the right to respond.
- Documentary evidence belonging to a third partyA document issued in someone else's name, which cannot be used to prove the contribution time of the person who submits it, because documentary evidence is valid only for the person it names.
- Domestic and Family Violence Against WomenAny action or omission based on gender that causes a woman's death, injury, or physical, sexual, or psychological suffering, or moral or property damage, in the domestic or family setting.
- Domestic employerA person or family that hires a domestic worker for their service, without a profit motive. The law defines this category alongside the company, but does not treat it as the equivalent of one.
- Domestic Partner as a DependentA person who lived with the insured in a public, continuous, and lasting relationship with the intent to form a family, admitted as a preferred dependent upon proof of the relationship.
- Domestic workers under Brazilian Social SecurityA person who provides continuous, subordinate, paid, and personal services to an individual or family, in a residential setting and without profit purposes, for more than two days a week.
- Donating Your Body After DeathThe free, voluntary gift of your own body, in whole or in part, for scientific or altruistic purposes, which you may revoke at any time.
- Double recoveryIt is the right to receive back twice the amount overcharged when the consumer pays an undue amount on a consumer debt. It applies to the collection of an amount that was not…
- Durable ProductA good intended for continued use, whose durability is part of the classification that determines the legal deadline for complaining about a defect.
- DuressPressure that instills a well-founded fear of imminent and considerable harm to the person, family, or property of the one making a declaration, thereby corrupting the expression of their free will.
- Duty to Submit to a Medical ExaminationThe duty of people who receive a disability benefit to attend the Social Security medical examination and take part in the rehabilitation process, on pain of having payment suspended.
- Dynamic Distribution of the Burden of ProofAssigning the burden of proof differently from the default statutory rule, by a reasoned decision, when a party cannot produce the evidence or the other party can do so more easily.
E
- Early contemporaneous documentary evidenceA document from the time of the events, required for proof of time to have effect, because witness testimony alone is not enough for that purpose.
- Early Payoff of CreditPaying off all or part of a debt ahead of schedule, with a proportional reduction in interest and other charges under the conditions set by law.
- Economic and Financial QualificationProof that a bidder has the financial capacity to perform the contract, shown through the documents and criteria the law allows.
- Effective Exposure to a Harmful AgentA situation in which the harmfulness of the work environment is neither eliminated nor neutralized, even after the control measures required by labor law have been put in place.
- Effective Repentance (*Arrependimento Eficaz*)A voluntary act by the offender who, after completing all the acts of execution, prevents the result from occurring and is held liable only for the acts already committed.
- Eighteen Contributions and the Duration of a Survivor’s PensionThe number of contributions the insured person paid, which, combined with the minimum length of the marriage or stable union, rules out the short-duration survivor's pension for a spouse.
- Electronic Benefit ApplicationA request for a benefit or service submitted through the electronic channels of INSS (Brazil's National Social Security Institute). In-person filing is allowed for those who do not have an adequate means of applying electronically.
- Electronic ContractA legal transaction entered into by electronic means, subject to the validity requirements and any formalities the law imposes for the contract at issue.
- Electronic Contract SummaryAdvance presentation of the essential information in a digital contract, with clauses that limit your rights clearly highlighted.
- Electronic Customer ServiceThe proper channel for handling requests for information, questions, complaints, and cancellations, in accordance with legal requirements.
- Electronic DocumentA document recorded in digital form that can serve as evidence, provided its authorship, integrity, and the other applicable requirements are met.
- Electronic EvidenceEvidence obtained or presented in digital form. Whether a court will admit it, and how much weight it carries, depends on its lawfulness, authenticity, and context.
- Electronic FraudA form of fraud (*estelionato*) carried out with information provided by a victim, or by a third party misled through electronic means, under the conditions set by law.
- Electronic Information in Legal ProceedingsInformation submitted digitally in a case, which must comply with the rules on access, documentation, and the right to respond (*contraditório*).
- Electronic Service of Process and Court CommunicationsHow court communications and procedural acts are carried out electronically, under the requirements of the law and court regulations.
- Electronic SignatureElectronic data linked or associated with other data and used by the signatory to sign, according to the applicable levels of reliability and rules.
- Eligibility for the Supplementary BenefitMeeting all of the conditions set out in the plan's rules, at which point the supplementary pension benefit becomes the participant's vested right.
- Elimination of HarmfulnessAdoption of control measures that make exposure to the health-harming agent impossible, which means there is no effective exposure during the period.
- Embargos to Tax EnforcementA defense available to the debtor in a tax collection proceeding, subject to the requirements, deadline, and security set by law.
- Emergency Relief (*Tutela de Urgência*)Provisional protection that requires a likelihood of success on the merits and either a danger of harm or a risk to the practical outcome of the case.
- EmployeeAn individual who provides non-occasional services to an employer, under the employer's direction and in exchange for wages, as defined by law.
- Employee Exempt from Working-Hours ControlA worker excluded from the rules on working hours, such as someone who performs outside work that cannot follow a fixed schedule, or someone who holds a management position.
- Employee Insured PersonThe category of people who provide urban or rural services to a company on a regular basis, under the company's direction and for pay, including employee directors.
- Employee Insured Under Social Security Treated as On LeaveThe status of an employee, including a domestic worker, who is receiving a temporary disability benefit and is considered on leave by the company or the domestic employer.
- Employee of a Diplomatic MissionAnyone who provides services in Brazil to a foreign diplomatic mission or consular office, excluding foreigners without permanent residence in the country.
- Employee RegistryThe employer's obligation to keep each worker's hiring, working-hours, vacation and workplace-accident data in a book, a card file or an electronic system.
- Employee TransferA change of the workplace to another location, prohibited without the worker's consent when it would require the worker to change residence.
- EmployerThe person or entity that assumes the risks of an economic activity and hires, pays, and directs the personal performance of work, as defined by law.
- Employer Liability for an Employee’s ActsAn employer's or principal's duty to compensate for harm caused by an employee, servant, or agent while performing work, even if the employer is not at fault.
- Employer SuccessionA change in the ownership or legal structure of a company that does not alter employment contracts or the rights employees have already acquired.
- Employer Top-Up of Paid LeaveAn employer that guarantees paid leave must pay the difference between the amount of the disability benefit and the amount the leave ensures.
- Employer-Provided Health CareAmounts a company spends on medical or dental services and on reimbursing an employee's health expenses, which are excluded from the contribution salary base.
- Employment ContractAn implied or express agreement that establishes an employment relationship, according to the requirements and types provided by law.
- End of Data ProcessingThe end of the use of personal data in the situations the law provides for, such as when the purpose has been fulfilled or the authorized period has ended, subject to the retention the law permits.
- Ending a Violation of a Person’s RightsA legal remedy that lets you demand an end to a threat to, or violation of, a personality right, and claim damages, without excluding other legal penalties.
- EndorsementThe transfer of a negotiable instrument (*título de crédito*) made by the endorser on the instrument itself, which is completed when it is delivered to the person receiving it.
- Enforcement of Judgment (*Cumprimento de Sentença*)The procedure for carrying out an obligation recognized in a court-issued enforceable instrument, following the rules that apply to the nature of that obligation.
- Equality Among ChildrenA rule guaranteeing the same rights and designations to children born within or outside of marriage and to adopted children, prohibiting any discriminatory terms regarding parentage.
- Equitable Reduction of DamagesA judge's power to lower the amount of compensation when there is an excessive gap between how serious the fault was and the harm it caused.
- Essential ProductAn item necessary for everyday life. Its essential nature, assessed case by case, allows you to turn immediately to the remedies the law provides for fixing a defect.
- Essential Services During a StrikeActivities such as water, energy, health care, public transportation, and telecommunications, where a work stoppage requires ensuring that the community's urgent needs continue to be met.
- EstateThe assets, rights, and obligations left by a deceased person, treated as a single body from death until the distribution of the estate is complete. During probate proceedings, the estate is represented…
- Estimated Budget for the ProcurementA cost estimate prepared using the parameters and market research the law allows, to guide a public procurement.
- Eventual BenefitA supplementary, temporary form of social assistance provided to an individual or family in connection with a birth, a death, temporary vulnerability, or a public disaster.
- EvictionEviction is the court action a landlord uses to regain possession of a rented property when the lease ends or when the tenant breaches the agreed terms, such as by failing to…
- EvictionEviction is the total or partial loss of acquired property when a court decision or act by an authority recognizes that it belonged to someone else. The buyer is entitled to…
- Eviction Preliminary Order to VacateAn order to vacate within fifteen days, granted at the start of an eviction action without hearing the other party, in the cases provided by law and provided that a security deposit is posted.
- Evidence in Administrative ProceedingsAny material used to establish facts relevant to the proceeding; evidence obtained by unlawful means is inadmissible.
- Excluding a Family Member’s Benefit From the Income CalculationA rule that removes from the family income calculation, within the limit set by law, a benefit already received by another elderly or disabled person in the same family.
- Exclusion of the Supplement from the Survivor’s Pension CalculationUnder this rule, the supplement paid to a retiree who needs permanent assistance from another person ends when the retiree dies and is not added to the survivor's pension.
- Exclusion of the Tax CreditA legal situation that results from an exemption or an amnesty and does not automatically relieve you of ancillary obligations.
- Exclusive Administrative AuthorityAuthority that a legal rule reserves to a particular official or agency and that cannot be delegated when the law so provides.
- Exclusive Authority to Decide BenefitsA statutory reservation that gives the decision in social security administrative proceedings and in investigations of irregularities at INSS (Brazil's National Social Security Institute) to civil servants in the Social Security career track.
- Executive Project (Projeto Executivo)The set of elements needed to carry out a construction project in full, in accordance with technical standards and public procurement law.
- Existential Minimum in Consumer LawThe portion of income indispensable to a person's subsistence, which is protected when over-indebtedness is addressed, under the applicable statutory and regulatory criteria.
- Expectativa de direito (Expectation of a Right)The situation of someone who had not yet met all the requirements for a benefit when the law changed and who, as a result, becomes subject to the new requirements, without the protection of a vested right.
- Experience ContractA fixed-term employment contract used to evaluate both the worker and the position. Its maximum duration is set by law, and it does not require a temporary reason.
- Expert Evidence (*Prova Pericial*)An examination, inspection, or assessment carried out by a specialist to clarify an issue that requires technical or scientific knowledge.
- Expert Examiner’s Access to Your SUS Medical RecordsReview by the INSS (Brazil's National Social Security Institute) medical examiner of the examinee's medical records in the Sistema Único de Saúde (SUS, Brazil's public health system), which requires the examinee's prior consent and protects the confidentiality of the data.
- Expiration of the Deadline for Administrative AnnulmentThe time limit on the government's right to annul acts that benefit the people they affect, except in cases of bad faith and subject to the other conditions set by law.
- Exploiting Consumer VulnerabilityTaking advantage of a consumer's weakness or lack of knowledge, whether tied to age, health, education, or social standing, to push a product or service on them.
- Export TaxA federal tax levied when a domestic or nationalized product leaves Brazil for a foreign country, under the conditions set by law.
- Exposure During Rest PeriodsStatutory rest periods, vacations, and maternity pay periods count as time of permanent exposure, as long as you were exposed to the harmful agent on the date you stopped working.
- Exposure Verification FormA document issued by the employer, in paper or electronic form, certifying that a worker was exposed to harmful agents, based on the technical environmental report.
- Expulsion of a Business Partner for Just CauseThe forced removal of a partner whose serious misconduct puts the company's continuity at risk, decided by a majority of the capital, provided for in the company's articles and with the accused partner's right to a defense.
- Extended FamilyA group of close relatives, beyond the unit of parents and children, with whom a child or adolescent lives and maintains bonds of affinity and affection.
- Extended Rest Period With a Medical CertificateTwo additional weeks of rest before and after childbirth, in exceptional cases, with a medical certificate submitted for review by the medical examiner.
- Extending the Grace Period for Those With 120 ContributionsExtension of the twelve-month grace period to up to twenty-four months for people who have already paid more than one hundred twenty monthly contributions without an interruption that caused them to lose their status as an insured person.
- Extension of Maternity Pay for Congenital SyndromeAn additional sixty days of benefit when a child is born, adopted, or placed under judicial guardianship with a permanent disability resulting from congenital syndrome associated with the Zika virus.
- Extension of the Grace Period Due to UnemploymentAn additional twelve months added to the period during which you keep your status as an insured person, as long as your unemployment is proven by registration with the proper agency.
- Extension of the Prior Benefit When a New Disability ArisesUnder this rule, if a new benefit is granted for the same reason within sixty days after the prior one ended, the prior benefit is treated as extended, and the employer does not have to pay the first fifteen days again.
- Extent of the DamageThe measure of compensation, which corresponds to the loss the victim actually suffered rather than to how serious the wrongdoer's conduct was.
- Extinction of a Tax CreditThe disappearance of a tax credit for a reason set out in law, such as payment, offset, remission, the statute of limitations on collection, or the expiration of the assessment period.
- Extinction of PunishabilityThe end of the State's legal power to impose or enforce a criminal penalty in the cases provided by law, without necessarily eliminating every civil consequence.
- Extraconcursal Claim (Priority Claim Against the Bankruptcy Estate)A claim paid in bankruptcy ahead of those in the ordinary order of payment, such as amounts creditors provide to the estate and the costs of collecting and administering the assets.
- Extrajudicial adverse possession (*usucapião extrajudicial*)A request for recognition of adverse possession made directly to the real estate registry office of the judicial district where the property is located, filed by an interested party represented by a lawyer and supported by a notarial record.
- Extrajudicial Auction of the PropertyA public sale of the property carried out by the fiduciary creditor outside of court proceedings, within the legal deadline counted from the registration of the consolidation of title in its name.
- Extrajudicial Enforceable Instrument (*Título Executivo Extrajudicial*)A document that the law gives enforceable force, allowing an obligation to be collected through an enforcement action when the legal requirements are met.
- Extraordinary adverse possession (*usucapião extraordinária*)Acquisition of ownership of real property held as one's own for fifteen years without interruption or challenge, with no requirement of title or good faith, reduced to ten years if the possessor uses the property as a habitual residence.
- Extraordinary Appeal (Recurso Extraordinário)An appeal to the Supremo Tribunal Federal (Brazil's Supreme Federal Court) in the constitutional cases that allow it, which involve constitutional questions, subject to the applicable requirements.
- Extraordinary Condominium ExpenseA condominium expense that falls outside the building's routine maintenance, such as structural work, facade painting, and the reserve fund, and that the landlord is responsible for paying.
- Extreme Poverty (*Miserabilidade*)A situation in which a family household lacks the means to support itself. Under the regulation, it can be shown not only by declared income but also by other evidence.
F
- Failure to Honor an Advertised OfferA supplier's refusal to honor an advertised term, which lets the consumer choose among the remedies the law provides.
- Family allowanceThe family allowance is an amount paid to low-income workers to help support children up to a certain age or with disabilities. It is supplemental in nature and is granted…
- Family Allowance (Salário-Família) When Parents SeparatePayment of the allowance quotas directly to the person who supports the child in cases of divorce, separation, established abandonment, or loss of parental authority.
- Family Allowance for RetireesThe right to receive this benefit, paid together with retirement benefits, for people retired due to disability or age and for other retirees who reach the age set by law.
- Family farming regime (*regime de economia familiar*)Rural activity in which the work of family members is essential to the household's survival, carried out in mutual dependence and without permanent employees.
- Family Home (*Bem de Família*)The portion of their assets that spouses or a family unit set aside, by public deed or will, as the family's residence, limited to one-third of their net assets at that time.
- Family LifeA child's or adolescent's right to be raised and educated within their own family and, only in exceptional cases, within a foster or substitute family, in an environment that ensures their development.
- Family Share of the Survivor’s Pension (Pensão por Morte)The basic portion of the survivor's pension, calculated on the insured person's retirement benefit or on the benefit they would have been entitled to receive, to which shares for each dependent are added up to the full amount.
- Family Support (Alimentos)Financial support meant to cover the needs of the person who receives it, set according to the recipient's need and the paying party's ability to pay, as provided by law.
- Family-Home Adverse Possession (*Usucapião Familiar*)Acquiring full ownership of an urban property of up to 250 square meters by living in it alone for two years after your former partner abandoned the home.
- Fault-Based Liability (Responsabilidade Subjetiva)The duty to repair harm, which depends on proving that the person who caused it acted with fault or intent. This is the general rule for anyone who commits an unlawful act.
- Favorable Interpretation in Matters of Tax InfractionsA rule for resolving doubt about the nature of an infraction or its penalty, in the cases specified by Brazil's National Tax Code.
- Fiduciary OwnershipA defeasible ownership interest in non-fungible movable property that a debtor transfers to a creditor as security for a debt, created by registering the contract that serves as its title.
- Fiduciary Sale of Real Estate (*Alienação Fiduciária*)A security arrangement in which the debtor transfers to the creditor conditional (defeasible) ownership of real estate. Ownership returns to the debtor once the debt is paid. It may be used for completed property or property under construction.
- Filing DateThe Filing Date is the day on which the insured person formally files an application for benefits with the INSS (Brazil's National Social Security Institute). It serves as the reference date for assessing the requirements and,…
- Filling Gaps in Tax LegislationUsing the criteria set by law to fill a gap when no express provision exists, without allowing a tax to be created by analogy.
- Final Acceptance of the Contract ObjectAcceptance after the contracting authority confirms that the contract requirements have been met, without releasing the contractor from the liabilities that the law preserves.
- Final Administrative ArgumentsThe interested party's submission after the evidence-gathering phase and before the decision, under the applicable procedure.
- Financial Offsetting Between Pension SystemsA settlement of accounts between the system that pays the benefit and the one in which part of the contribution time was served, carried out whenever time from different systems is added together.
- Fine for Failure to Comply with a Court OrderA sum of money that a judge imposes, either on the judge's own initiative or at a party's request, to compel compliance with an obligation. The amount must be proportionate to the obligation, and the party must be given a reasonable period in which to comply.
- First Contribution Made Without DelayThe starting point for counting the grace period (*carência*, the minimum number of contributions required) for individual taxpayers, optional insured persons, and special insured persons who contribute, without counting late payments from earlier months.
- First-Class DependentThe preferred class of an insured person's dependents, made up of the spouse, the partner in a common-law union, and the child who is under twenty-one or who has a disability or is permanently incapacitated for work, with economic dependence presumed by law.
- Fixed-Term Employment ContractAn employment contract set to end on a specific date, upon completion of a specific job, or on the occurrence of a foreseeable event. It is allowed only in the situations the law permits and only for a limited time.
- Force Majeure in Labor LawAn unavoidable event beyond the employer's control, to which the employer did not contribute. It cannot be recognized where the employer failed to foresee it.
- Force majeure in proving contribution timeA well-known event such as a fire, flood, or collapse that struck the employer, documented by a record from the time, which removes the need for initial material evidence of the period.
- Forced heirA relative whom the law protects with a right to a minimum share of the estate, known as the legítima, from which they cannot be deprived without a serious reason expressly provided by law. Forced…
- Forced heirship portionThe portion of an estate reserved by law for compulsory heirs, namely descendants, ascendants, and the surviving spouse. It corresponds to half of the deceased’s assets and cannot be taken from these…
- Forced PassageThe right of a property owner whose land has no access to a public road, spring, or port to obtain a right of way across the neighbor best positioned to grant it, in exchange for full compensation.
- Forfeiture Clause (Cláusula de Decaimento)A provision under which installments already paid are forfeited. Total forfeiture in favor of the creditor is prohibited in the situations covered by the CDC (Brazil's Consumer Protection Code).
- Formal Concurrence of CrimesOne increased penalty applies when a person commits two or more crimes through a single act or omission, unless the acts stem from separate intents.
- Fraud Against CreditorsA free transfer of assets or forgiveness of a debt by an insolvent debtor, which creditors whose claims predate the act may ask a court to annul.
- Fraud Against Tax EnforcementThe sale or encumbrance of assets is deemed fraudulent in the situations set out in the Tax Code, unless the debtor keeps enough assets to pay the debt.
- Fraud in the Inducement (*Dolo*) in ContractsDeliberate deception by one party that is the reason the deal was made, and that allows the other party to ask a court to annul it.
- Free Access to DataThe right to free, easy access to information about how your data is processed, how long the processing lasts, and the completeness of the data held about you as the data subject.
- Free Legal Aid (*Gratuidade da Justiça*)Exemption from, or reduction of, court costs and litigation expenses under the conditions set by law for people who lack sufficient resources.
- Free Treatment as a Duty of the Insured PersonThe duty of a person receiving a disability benefit to accept treatment offered free of charge, except for surgery and blood transfusions, on pain of having payments suspended.
- Full Deposit of the Tax CreditDeposit of the full amount of the tax credit which, when the legal requirements are met, suspends its enforceability.
- Full Recovery of Work CapacityThe complete restoration of the ability to work which, when confirmed within five years of the start of the benefit, ends the permanent disability retirement pension.
- Full Salary Retirement Benefits (*Integralidade*)Calculation of the retirement benefit based on the full pay of the permanent position, guaranteed to public servants who joined the civil service on or before December 31, 2003 and did not opt into the supplementary pension plan.
- Full Separation of PropertyA property regime in which each person retains their own assets, without commingling what belongs to either of them, including both assets owned before and those acquired during the…
- Full Survivor’s Pension for a Disabled DependentHow the survivor's pension is calculated so that it equals the full amount of the insured person's retirement benefit when there is a disabled dependent, subject to the legal cap of the general social security system.
G
- Garimpeiro (Independent Miner)A person who carries out mineral extraction at a mining site (*garimpo*), whether permanently or temporarily, with or without employees, and who is classified as an individual contributor.
- General Claim (Pedido Genérico)A claim allowed without a specific object or amount already determined, when the plaintiff cannot yet pin down the consequences of the act or event.
- General Creditors’ MeetingA meeting of creditors that votes on the judicial reorganization plan, the formation of the creditors' committee, and other matters affecting their interests.
- General Data Protection LawThe law that governs the processing of personal data in order to protect freedom, privacy, and the free development of personality.
- General Meeting of Condominium OwnersThe annual meeting of unit owners, called by the building manager (*síndico*), which approves the condominium's budget items for expenses and whose decisions bind everyone, with votes weighted by each unit's ideal fraction.
- General Partnership (*Sociedade em Nome Coletivo*)A company formed exclusively by individuals, in which all partners are jointly and without limit liable to third parties for the company's obligations.
- General repercussion (*repercussão geral*)A requirement for an extraordinary appeal that calls for a constitutional issue of significant economic, political, social, or legal importance, beyond the interests of the parties.
- Genetic DataGenetic information linked to an individual, treated under Brazilian law as sensitive personal data.
- Global Corporate RulesData protection rules adopted by a corporate group that can provide safeguards for international data transfers, as long as they meet the requirements set by law.
- Good Faith in Consumer RelationsThe duty of loyalty, cooperation, and balance between consumer and supplier, which guides contracts and conduct in the marketplace.
- Good-faith possessionPossession held by a person who is unaware of the defect or obstacle that prevents acquiring the thing, presumed in favor of whoever holds a valid title (*justo título*), unless proven otherwise.
- Grace PeriodThe period during which an insured person retains insured status even without making contributions. As a rule, it lasts up to twelve months after the last contribution, but may be extended in situations…
- Grace Period for a Real Estate Development (Incorporação)The period stated by the developer in the project's registration binder (*memorial*), during which the developer may lawfully withdraw from the project by giving written notice to the real estate registry and to each buyer.
- Grace Period for Domestic WorkersThe count presumes that the contribution withheld by the employer has been paid since the June 2015 competence period, and for those who enrolled before that, it begins with the first payment made without delay.
- Grace Period for Optional ContributorsA six-month window, counted from your last contribution, during which someone who contributes by choice keeps social security coverage without having to pay.
- Grace Period for Special Insured PersonsThe minimum amount of time spent actually working in rural activity, even if not continuous, equal to the number of months required for the benefit you are requesting, in place of monthly contributions.
- Grace Period in the Transition TableThe number of contributions required of people who enrolled in Brazil's social security system by July 1991, set by a table according to the year in which they met the conditions for the benefit.
- Grace Period Table for Insured Persons Registered by 1991A schedule setting the number of monthly contributions that retirement by age, retirement by length of service, and special retirement require of insured persons who registered with social security by July 24, 1991, based on the year they met the conditions.
- Gradual Increase in the Minimum Age for WomenThe minimum age required of women under the old-age retirement transition rule rises by six months each year until it reaches the limit set by the Social Security reform.
- Greatest Economic ReturnA criterion used in efficiency contracts, based on the savings generated for the Public Administration under the rules set by law.
- Group BuyingAn electronic contract subject to conditions for forming the group and redeeming the offer, with identification of those responsible and specific advance disclosures.
- GuarantorA guarantor is a person who guarantees the performance of another person's obligation, agreeing to pay if the principal debtor does not. This is common in lease agreements, in which the…
- GuardianshipA protective measure in which a court appoints someone, the guardian, to assist or represent an adult who is unable, on their own, to carry out certain acts of civil life because of a condition…
- Guardianship of a Minor ChildThe duty to look after the person and property of a minor child when the parents die, are declared absent, or lose parental authority.
H
- Habeas corpusThe appropriate remedy whenever someone suffers, or is about to suffer, violence or unlawful coercion against their freedom of movement, except in cases of disciplinary punishment.
- Half the Waiting Period After Re-EnrollingThe requirement to accumulate half of the waiting-period contributions after re-enrolling before earlier contributions made prior to the loss can be counted, for disability, maternity, and imprisonment benefits.
- Harassment in Credit OffersAbusive pressure to take out credit, especially when the consumer is in a vulnerable position, in the situations the Code prohibits.
- Harm to the Public TreasuryAn act of administrative misconduct (*improbidade administrativa*), committed through intentional action or omission, that causes actual, proven financial loss to the government, or the diversion, misappropriation, or squandering of public property and assets.
- Harmful AgentA chemical, physical, or biological factor present in the workplace that harms your health or physical integrity and allows the period to be counted as special-conditions time.
- Hazardous-Duty Pay for Public Servants (Adicional de Insalubridade)Extra pay for a public servant who is regularly exposed to health-harming agents, such as noise, heat, or chemical or biological agents, above the tolerated limits. The right depends on…
- Health DataInformation about a person's health, subject to the special regime that governs the processing of sensitive personal data.
- Hereditary SuccessionThe transfer of a person's property rights and obligations upon death, according to the applicable statutory and testamentary rules.
- Highest Discount in a Public Procurement ProcessA bid evaluation criterion that compares the discounts offered on the price or reference amount stated in the bidding notice.
- Highlighting Clauses That Limit Your RightsClauses that limit your rights in an adhesion contract must be presented prominently so you can understand them immediately.
- Hired by a Temporary Staffing AgencyA worker placed with another company to replace regular staff or to meet an extraordinary increase in that company's workload, registered with social security as an employee insured person.
- Hiring Helpers in a Rural Family OperationUse of fixed-term employees or occasional workers in family farming, allowed within the annual limit of workdays set by law.
- Holder of a Commissioned PositionA public servant with no permanent (career) appointment who holds only a commissioned position, and who therefore is enrolled in the General Regime (RGPS) as an employee rather than in a public-sector pension regime.
- Holder of Elective OfficeA person who holds a federal, state, or municipal elective office and is not covered by a special public pension system joins the General Social Security System (RGPS) as an employee.
- Homogeneous Individual Consumer RightsIndividual rights that arise from a common origin and that may be defended collectively under the conditions set by law.
- Homologation of a Public Procurement AwardApproval of the outcome of a public procurement procedure by the competent authority, after it confirms that the legal conditions for closing the procedure have been met.
- Hour Bank (*Banco de Horas*)A compensation system in which extra hours worked on one day are offset by reduced hours on another, within the legal deadline and with no overtime premium paid.
- Household group for the assistance benefitThe group made up of the applicant, spouse or partner, parents, stepfather or stepmother, unmarried siblings, unmarried children and stepchildren, and minors under guardianship who live under the same roof.
- How Long Survivor’s Pension Lasts, by Age GroupHow long the pension is paid to a surviving spouse or partner. The period grows with the survivor's age on the date of death, ranging from a few years to payments for life.
- How Special Retirement Benefits Are CalculatedThe monthly benefit is calculated as a percentage of the benefit base salary, with an additional increment for each year of contribution beyond twenty years, or beyond fifteen years for women and for special activities with the shortest required contribution period.
- How the Grace Period Is Counted for Employed Insured WorkersUnder this rule, the grace period (*carência*) for employees, including domestic workers, and for casual dockworkers (*trabalhador avulso*) is counted from the date they join the Regime Geral de Previdência Social (RGPS, Brazil's General Social Security System).
- Hybrid Retirement PensionAn age-based retirement benefit in which a rural worker counts contribution periods in other categories toward the required contribution period, subject to the urban age requirement.
I
- ICP-Brasil Digital CertificateA certificate issued under Brazil's official certification chain, used to verify signatures and ensure the identification the system requires.
- Identifiable AdvertisingAn advertisement that consumers must be able to recognize easily and immediately as advertising.
- Identification of the Online SupplierMaking the supplier's identification and contact details available electronically, as required by law.
- Identifying a User Through LogsThe legally controlled use of connection and access information for investigation or evidence, without presuming authorship based on an IP address alone.
- Immediate Self-Help (*Desforço Imediato*)The act of a possessor whose possession has been disturbed or dispossessed, who reacts on his or her own to keep or recover the property. It is allowed if done right away and limited to what is strictly necessary.
- Import TaxA federal tax triggered when a foreign product enters Brazilian territory, as provided by law.
- Impossible CrimeA situation in which an attempt is not punishable because the means used were absolutely ineffective or the target was absolutely unsuited to the completion of the crime.
- In-Home and In-Hospital Medical ExaminationsMedical and social assessments conducted at your home or in the hospital, guaranteed to insured persons whose functional limitations make travel a disproportionate burden.
- Inability to Be RehabilitatedThe condition of a person who cannot be trained for another activity capable of providing their own livelihood. It is a requirement for permanent disability retirement.
- Inability to Perform Your Usual WorkA medically certified inability of an insured worker to perform their own job or customary activity for more than fifteen consecutive days.
- Incapacity Benefit Within the AverageA rule that treats the amount used as the basis for an incapacity benefit, properly adjusted for inflation, as the contribution salary for any months in which the insured person received that benefit.
- Incarceration BenefitThe incarceration benefit is paid to the dependents of a low-income insured person who has been imprisoned under a closed regime, for as long as the incarceration lasts. It protects the family that…
- Incident for Resolving Repetitive Claims (IRDR)A procedure that sets a single legal thesis when many cases raise the same question of law and there is a risk to equal treatment and legal certainty.
- Incident of Assumption of Jurisdiction (*Incidente de Assunção de Competência*)Transfer of a case to a larger panel of judges when it involves a relevant question of law with major social impact that is not repeated in many cases.
- Including Accident Benefit (Auxílio-Acidente) in the Calculation BaseAdding the monthly amount of the accident benefit (auxílio-acidente) to the insured person's contribution salaries to determine the base for any retirement benefit requested later.
- Inclusion BenefitThe inclusion benefit is an amount paid to a person with a disability who received social assistance benefits and then began working under a formal employment contract, within certain income limits. The idea…
- Income Not Counted Toward Household IncomeAmounts that are left out of the household income calculation for the assistance benefit, such as supervised internship pay, apprenticeship pay, and compensation for a dam collapse.
- Income TaxA federal tax on the acquisition of economic or legal availability of income and earnings, under the criteria set by law.
- Income Tax Exemption for Serious IllnessRetirees and pensioners with certain serious illnesses provided for by law may be exempt from Income Tax on their benefits. Recognized conditions include cancer, serious heart disease, and…
- Incomplete Documentation in Your ApplicationA missing document does not authorize INSS (Brazil's National Social Security Institute) to refuse an application for a benefit or service, even if the insured person's right seems unlikely.
- Incorporation Memorandum (*Memorial de Incorporação*)A set of documents filed with the real estate registry, such as the title to the land, the approved project plans, and certificates, without which a developer cannot sell the units.
- Indefinite Continuation of the Benefit for Workers With Multiple JobsA rule that keeps temporary disability benefits in place with no end date when a permanent disability affects only one of the insured person's activities, ruling out retirement.
- Indemnification for a Period Barred by the Statute of LimitationsPayment owed by an individual contributor (*contribuinte individual*) who wants to count a period of paid work for which the deadline to collect contributions has already expired.
- Indemnified Vacation PayAmounts paid to an employee for unused vacation time, along with the corresponding additional pay, which fall outside the base on which social security contributions are calculated.
- Independence of Civil and Criminal ProceedingsA rule that lets you pursue compensation for damages in a separate civil case, without relitigating the facts or the identity of the offender already decided in the criminal court.
- Independent Port Worker (*Trabalhador Avulso*)A person who provides urban or rural services to several companies, without an employment relationship, through the mandatory intermediation of the labor management agency or the workers' union for the trade.
- Indirect possessionPossession that remains with the person who handed a thing over to someone else for a limited time, and that is not extinguished by the direct possession exercised by the person who received it.
- Indirect Public AdministrationThe set of entities with their own legal personality that are created or authorized by law to carry out administrative activities.
- Individual contributorAn insured person who is self-employed or provides services without an employment relationship, such as independent contractors and business owners. They are responsible for paying their own social security contributions, within the limits established by law. Regular payment…
- Individual Share of a Survivor’s Pension (Pensão por Morte)The portion of the survivor's pension that goes to each dependent, and that ends upon death, reaching the age of majority, the end of disability or impairment, expiration of the legal period, or loss of the right.
- Indivisible ObligationA duty whose performance involves a thing or an act that cannot be divided, whether by its nature, for economic reasons, or because of the underlying purpose of the transaction.
- Inflation Adjustment of a DebtRestoring the value of an unfulfilled obligation, owed to the creditor along with damages, interest, and attorney's fees.
- Inflation Adjustment of Past ContributionsMonth-by-month correction of old contribution salaries using the official price index set by law, before they go into the average that serves as the basis for your benefit.
- Information About Data SharingThe data subject's right to know which public or private entities the controller has shared their data with.
- Informational Self-DeterminationThe protection of a person's ability to know how their data is processed and to have a say in it, within the uses the law allows.
- InheritanceThe set of assets, rights, and debts left by a person upon death and transferred to their heirs. It remains a single whole until distribution, known as the estate. Debts are paid using…
- Initial Petition (Petição Inicial)The document that presents the facts, legal grounds, and requests to the court, along with the requirements and supporting documents set by law.
- Initial Sentencing RegimeThe way a prison sentence begins to be served: in a closed facility, in an agricultural or industrial penal colony, or in a halfway house, according to the criteria set by law.
- INSS “Fine-Tooth Comb” ReviewsThe "fine-tooth comb" (*pente-fino*) is the popular name for the review task forces in which the INSS (Brazil's National Social Security Institute) reevaluates benefits that have already been granted, especially those tied to disability, to verify that the requirements are still met. The…
- INSS Reconsideration of the DecisionAn appeal filed directly with the Conselho de Recursos (Social Security Appeals Council), which notifies INSS (Brazil's National Social Security Institute) to review its administrative decision within thirty days.
- Installment Payment of the Time-Recognition IndemnityDivision into installments of the amount owed to recognize a period without contributions, requested by the insured person from the federal agency in charge of collection.
- Insured Person RegistrationThe act by which a worker is registered in the General Social Security Regime (Regime Geral) by verifying his or her personal data, carried out differently depending on the worker's category.
- Insured statusA status that ensures the worker has Social Security protection while maintaining a connection to the system. It is maintained during the contribution period and for an additional period after contributions cease…
- Integrity of Electronic DocumentsProtecting the content of a digital document from undetected alteration, which matters for its reliability as evidence.
- Intentional Crime (Crime Doloso)An offense in which the offender wanted the result to happen or knowingly accepted the risk of causing it, as defined by law.
- Intercalated Period of Disability BenefitA period during which the insured person received disability benefits (*auxílio por incapacidade*) or permanent disability retirement (*aposentadoria por invalidez*) between two periods of work, counted as time of service.
- Intercurrent Limitation Period in Labor EnforcementLoss of the right to continue enforcement proceedings after two years, counted from the moment the creditor fails to comply with a court order. The court may declare it on its own initiative.
- Intercurrent Statute of Limitations in Tax Enforcement ActionsA limitations period that can run while a tax enforcement action sits idle, under the conditions set by law and subject to the applicable milestones and procedures.
- Interested Party in an Administrative ProceedingA person or organization entitled to take part in a proceeding because its own rights or interests, or collective ones, are affected.
- Interlocutory Appeal (Agravo de Instrumento)An appeal against certain interlocutory decisions, within the cases the law allows and as the courts interpret them.
- Interlocutory DecisionA judicial ruling that decides a question but does not meet the statutory definition of a judgment.
- Intermittent Work ContractA contract in which subordinate work is not continuous, with alternating periods of activity and inactivity set in hours, days, or months.
- International Data TransferThe sending or making available of personal data to a foreign country or an international organization, subject to the cases and safeguards set out in the law.
- Internet ApplicationA set of functions accessible through a device connected to the internet, such as a communication service or digital platform.
- Internet Connection ProviderA provider that connects a device to the internet and is subject to the legal obligations specific to that activity.
- Interpretation in Favor of the ConsumerThe rule that consumer contract clauses must be interpreted in the way that is most favorable to the consumer.
- Intimate Content Shared Without AuthorizationIntimate material that is disclosed without authorization is subject to specific rules on removal and liability, provided the legal requirements are met.
- Intraday Break (Intervalo Intrajornada)A rest or meal period taken during the workday, subject to the duration and conditions set by law.
- Inviolability of Digital PrivacyProtection of your intimacy and private life when you use the internet, with a right to compensation when that protection is violated.
- Inviolability of Private LifeProtection of a natural person's private life, which authorizes the judge to order measures to prevent or stop any act that violates it.
- IP AddressAn identifier assigned to a device so that it can be recognized on a network, in accordance with international standards.
- Irregular Processing of Personal DataUse of data in violation of the law, or without the level of security the data subject could legitimately expect under the circumstances.
- Irresistible CoercionA situation in which an act committed under coercion that could not be resisted makes only the person who coerced punishable, not the person who suffered the coercion.
- Irreversibility of Retirement BenefitsA feature of a retirement benefit once granted: the insured person cannot undo or waive it, except when it is based on permanent disability.
- Irrevocability of Acknowledging a ChildA rule that bars you from undoing a child's acknowledgment once it has been declared, including when it was made in a will.
- Issuing a Contribution Time Certificate to a Former Public EmployeeA contribution time certificate that a public employee pension system (*regime próprio de previdência*) may issue only to someone who has already left public office, not to an employee who is still on the job.
J
- Job Protection for Pregnant EmployeesJob security for an employee who confirms her pregnancy during the employment contract, even during the worked or paid-in-lieu notice period, extended to adoptive parents with provisional custody.
- Job Security for Union RepresentativesProtection for employees elected to union positions, who cannot be prevented from carrying out their duties, transferred without justified cause, or dismissed in order to undermine their work.
- Job Stability for Public ServantsGuarantee of continued employment in the position, acquired by a public servant appointed through a competitive examination after completing the evaluation period required by law, generally three years of actual service. Once stable,…
- Joinder of Parties (*Litisconsórcio*)The participation of two or more people on the same side of a lawsuit, in the situations and under the conditions set out by law.
- Joint and Several Liability for DamagesA rule that allows you to demand full compensation from any one of the wrongdoers when more than one person caused the harm.
- Joint and Several Liability in the Supply ChainYou may be able to demand performance from any supplier that is jointly and severally liable, in the situations provided for in the Consumer Protection Code.
- Joint and several liability of debtors (*solidariedade passiva*)A situation in which the creditor may demand the entire debt from any one of the debtors, and the remaining debtors stay liable for whatever is left after a partial payment.
- Joint and Several Tax LiabilityShared liability for a tax debt in the cases the law provides, with no right to demand that another party be pursued first when the Tax Code so provides.
- Joint Criminal Participation (Concurso de Pessoas)Participation by more than one person in a criminal offense, with each person held responsible according to his or her contribution and degree of culpability, as provided by law.
- Joint custodyAn arrangement in which both parents share responsibility for and make decisions about their children’s lives, even if they live in separate homes. It does not mean splitting time equally…
- Judgment (Sentença)A judicial ruling that ends the cognitive phase of an ordinary civil proceeding or terminates an enforcement action, under the conditions set by law.
- Judgment ChamberA body of the Social Security Appeals Council, headquartered in Brasília, that decides appeals against rulings issued by the appeals boards.
- Judgment of Repetitive AppealsDesignation of extraordinary or special appeals based on the same question of law to be judged together by a high court.
- Judicial AdministratorA qualified professional, or a specialized legal entity, appointed by the judge to oversee the debtor's bankruptcy or judicial reorganization proceedings.
- Judicial AppealA procedure provided by law to request review, clarification, or modification of a court decision.
- Judicial Decisions Must State Their ReasonsThe requirement that a court decision address the factual and legal issues in the case, rather than merely repeating the statute or invoking a vague legal concept.
- Judicial Enforcement Title (*Título Executivo Judicial*)An act or decision that authorizes judicial enforcement in the cases listed in the procedural legislation.
- Judicial Jurisdiction (Competência)The legal allocation of adjudicative authority among courts, based on subject matter, the parties involved, territory, and other rules.
- Judicial Notice (Intimação Judicial)The act by which a person is formally notified of the acts and terms of a court case.
- Judicial Order of Case Management (<em>Despacho Judicial</em>)A court pronouncement that moves a case forward procedurally and does not carry the decision-making content that characterizes a judicial decision.
- Judicial Pardon (*Perdão Judicial*)A ground for extinguishing criminal liability in cases provided by law, where the judgment granting the pardon does not count for purposes of recidivism.
- Judicial PrecedentA prior court decision whose reasoning can guide the outcome of another case. Applying it requires examining the legal question involved and whether the cases are relevantly similar.
- Judicial Precedent Summary (*Súmula*)A concise statement that summarizes a court's position on a legal issue, with effects that depend on its type.
- Judicial Reorganization (*Recuperação Judicial*)A court process that seeks to overcome a debtor's economic and financial crisis so that the business can keep operating, jobs can be preserved, and creditors' interests can be protected, safeguarding the company and its social function.
- Judicial Review of RentA request by the landlord or the tenant to adjust the rent to the market price, available after three years of the lease or of the last agreement on the rent.
- JurisdictionThe function carried out by the judiciary to hear and decide disputes and requests brought within its authority.
- Just PossessionPossession that was not obtained through violence, by stealth, or through the abuse of someone who was supposed to return the property, and therefore carries no defect at its origin.
- Justification defense (excludente de ilicitude)A situation in which the law rules out a crime even though the act was committed, such as necessity, self-defense, and strict performance of a legal duty. The person remains liable for any excess.
K
- Keeping Insured Status While Receiving a BenefitYou keep your insured status, with no time limit and without having to pay contributions, for as long as you receive a social security benefit, except for accident assistance benefits (*auxílio-acidente*).
L
- Labor Law Economic GroupA set of companies under common management or with integrated interests, whose members are jointly liable for the obligations arising from the employment relationship.
- Land Area of Up to Four Fiscal ModulesThe cap on the size of an agricultural operation for qualifying as a special insured person (*segurado especial*), above which the rural producer moves into the category of individual contributor.
- Lapse of the Right to File a ComplaintLoss of the right to file a criminal complaint or representation because the legal deadline has run out, counted from the day the victim learned who committed the crime.
- Late Registration of a DependentA request filed by a dependent after the survivor's pension has already been granted to others, which takes effect only from the date of registration and does not reach the earlier period.
- Late-Payment Penalty Clause (*Cláusula Penal Moratória*)A penalty agreed on for delay or to secure a specific clause, which the creditor can demand together with performance of the principal obligation.
- Late-Payment Penalty in Consumer ContractsA penalty for failing to perform an obligation on time under a consumer contract, subject to the limit and conditions set by law.
- Latent defectA latent defect is a hidden flaw in an item received under a contract that makes it unfit for its intended use or reduces its value, and that…
- Law in ForceA law that already produces legal effects under the rules on when laws take effect, and that has not been repealed on the subject at issue.
- Lawful Exercise of a RightActing within the limits of a recognized right, which is not an unlawful act and therefore creates no duty to pay damages.
- Lease AgreementA lease agreement is a contract under which the owner grants another person the use of real property for a fixed or indefinite term in exchange for rent. The landlord must deliver the property in…
- Lease Security Deposit (*Caução Locatícia*)Security for a lease provided in the form of movable property, real estate, cash, or securities, recorded with the Registry of Deeds and Documents or noted on the property's title record.
- Legal Basis for ProcessingA ground established by law that authorizes the processing of personal data. Consent is one such ground, but not the only one.
- Legal capacityA person's ability to perform acts of civil life, subject to the rules on incapacity and legal representation.
- Legal Certainty in Administrative LawProtection of stability and trust in dealings with the public administration, based on rules governing the interpretation, review, and effects of administrative acts.
- Legal Entity (*Pessoa Jurídica*)An organization recognized by law as a distinct subject, with rights and obligations that depend on its nature and how it was formed.
- Legal normA rule or principle of the legal system that guides conduct and decisions. How it applies depends on its content, its validity, and the context.
- Legal QualificationProof that a bidder legally exists and has the capacity to exercise rights and take on obligations.
- Legal SubordinationThe worker's submission to the orders and direction of the person who hires them. Together with the other requirements, it establishes an employment relationship.
- Legal Subrogation of a CreditThe automatic transfer of a credit to a person who pays another's debt in the situations set out by law, such as when an interested third party pays in order to avoid losing a right of their own.
- Legal Transaction (*Negócio Jurídico*)An expression of intent meant to produce legal effects, whose validity depends on meeting the requirements set by law.
- Legitimate InterestA legal basis that requires a legitimate purpose, necessity, and protection of the data subject's expectations and rights. It does not permit just any use of personal data.
- Length-of-Service Bonus (*Abono de Permanência*)An amount paid to a public servant who has met the requirements for voluntary retirement and the minimum contribution time but chooses to keep working, equal to the social security contribution owed.
- Leniency AgreementAn arrangement between the head of the government body and a company responsible for a harmful act, allowed when the company admits its participation, ends its involvement, and cooperates with the investigation.
- Liability for Harm Caused by AnimalsThe owner or keeper of an animal must compensate for any damage the animal causes, unless they can prove the victim was at fault or that the harm resulted from force majeure.
- Liability for Improper Data ProcessingThe duty to repair harm caused by data processing that violates the law, taking into account the roles of the parties involved and the statutory grounds for exclusion of liability.
- Liability for the Collapse of a BuildingAn owner's duty to compensate for damages caused by the collapse of a building or structure when the collapse results from a failure to make repairs whose necessity was obvious.
- Liability of Independent ProfessionalsThe system for determining personal liability by establishing fault, as provided in a specific provision of the Code.
- Liability of Internet Connection ProvidersThe legal rule that shields an internet connection provider from civil liability for damages arising from content produced by third parties.
- Liability of the Main ContractorWhether a subcontractor's employees can demand from the main contractor the employment contract obligations that the subcontractor failed to fulfill.
- Licença-prêmio (Brazilian Long-Service Leave)Paid leave granted to a public employee in recognition of periods of service without absences or disciplinary penalties, provided for in the statutes of many public entities. Many careers have replaced this benefit with training leave or allow unused time to be converted into credit toward retirement or into cash compensation…
- Life Expectancy in Retirement Benefit CalculationsAn estimate of how long a person is expected to live at retirement age, taken from the official IBGE (Brazilian Institute of Geography and Statistics) mortality table, using a single national average for both sexes and applied in the pension formula known as the fator previdenciário (social security factor).
- Limited liability company (sociedade limitada)A company in which each partner's liability is limited to the value of his or her quotas, with all partners jointly liable for paying in the company's capital.
- Limits in Force for Each Competence MonthA rule requiring that each contribution salary in the calculation be kept within the minimum and maximum limits that were in force in the very month it refers to.
- Limits on Using a Justification Proceeding for Facts Requiring Public RecordsA restriction that bars a justification proceeding from proving facts that depend on a public record, such as marriage, age and death, or on a special form required by law.
- Lis Pendens (Duplicate Pending Lawsuit)The repetition of a lawsuit that is still pending, involving the same parties, the same cause of action, and the same request for relief, which the judge recognizes on his or her own initiative.
- List of Harmful AgentsThe official list of chemical, physical, and biological agents recognized for special retirement, set by the Executive Branch in an annex to the Regulation.
- List of Illnesses That Waive the Waiting PeriodA list of especially serious illnesses and conditions, drawn up and updated by the responsible ministries, whose bearers are exempt from the minimum number of contributions.
- Literal Interpretation in Tax LawA legal standard that applies to certain subjects under the Brazilian Tax Code, such as the suspension or exclusion of a tax credit and the granting of an exemption.
- Long-Term ImpairmentA physical, mental, intellectual, or sensory limitation that has effects for a minimum of two years, required for the assistance benefit for persons with disabilities.
- Loss of Dependent StatusThe end of the status that entitles a person to benefits, due to divorce or separation without alimony, the end of a stable union, reaching the age of majority, emancipation, the end of disability or impairment, or death.
- Loss of Insured StatusThe end of social security protection on the day after the due date of the contribution for the month following the end of the grace period, along with the lapse of the rights that flow from it.
- Loss of Parental AuthorityA court decision that removes parental authority (*poder familiar*) from a father or mother who punishes a child excessively, abandons the child, engages in conduct contrary to morality, or repeatedly commits these offenses.
- Loss of the Right to a Survivor’s Pension for Killing the Insured PersonThe consequence of a final criminal conviction of a dependent as the perpetrator of, or an accomplice in, the intentional homicide of the insured person, with exceptions for minors and persons found not criminally responsible.
- Lost profitsLost profits are the earnings the injured party failed to receive because of harm, meaning what they reasonably would have received if the event had not occurred. This is the…
- LotA plot of land served by basic infrastructure whose dimensions meet the urban planning standards set by the master plan or by the municipal law of the zone where it is located.
- Loteamento (Land Subdivision)The division of a tract of land into lots intended for building, with the opening of new streets or public spaces, or with the extension or widening of existing streets.
- Low-Income Insured PersonA condition required for *auxílio-reclusão* (the prison detention benefit), determined by the average of your contribution salaries over the twelve months before the month of the person's imprisonment.
- Low-Income Optional ContributorThis is a person with no income of their own who works at home caring for their low-income family and pays reduced contributions to INSS (Brazil's National Social Security Institute). This category lets you keep…
- Low-risk economic activityAn activity you may carry out on your own or on borrowed property without needing a business permit, license, or any other public act of authorization, depending on its risk classification.
- Lower Retirement Age for Rural WorkersRural workers, both men and women, can retire five years earlier than people who work in cities.
- Lowest Price in Public ProcurementA criterion that selects the lowest-cost bid in accordance with the requirements and conditions of the bidding notice, subject to the legal rules for evaluating bids.
- LTCATThe Technical Report on Environmental Working Conditions is a document prepared by a qualified professional that assesses a worker’s exposure to harmful agents. It supports the completion of the PPP and…
M
- Mandatory Insured PersonAn individual who, by engaging in paid work covered by the General Social Security Regime, is enrolled in it regardless of his or her own wishes, in one of the categories set out by law.
- Mandatory Leave from Work While Receiving Maternity PayThe requirement that the insured person stop working or carrying out their activity while receiving the benefit, on penalty of having the payment suspended.
- Mandatory RetirementThe compulsory move of a public servant into inactive status upon reaching the age limit set by law, currently seventy-five for the positions covered by this rule. It is automatic as to…
- Mandatory Separation of PropertyA property regime imposed by law in certain marriages, such as when the spouses marry without observing the suspensive causes, when one of them is over seventy, or when the marriage requires judicial authorization.
- Mandatory Weekly RestA rest period of twenty-four consecutive hours guaranteed every week, which must fall on Sunday, except where the needs of the job or the public interest require otherwise.
- Manifestly Excessive AdvantageAn abusive demand for a benefit that is disproportionate to the consumer, prohibited by Brazil's Consumer Protection Code (Código de Defesa do Consumidor).
- Manifestly Public DataData that the data subject has made publicly accessible. This does not set aside the principles and rights of data protection.
- Marco Civil da Internet (Brazil’s Internet Civil Rights Framework)The law that sets out the principles, guarantees, rights, and duties for using the internet in Brazil.
- Marital DutiesObligations that marriage imposes on both spouses, including mutual fidelity, living together, mutual support, mutual respect, and the support, custody, and education of children.
- Marital ImpedimentA situation that bars a marriage, such as the relationship between an ascendant and a descendant, between siblings and collateral relatives up to the third degree, and the status of a person who is already married.
- Marital property regimeA set of rules defining how a couple’s assets are treated during marriage or a stable union and how they will be divided if the relationship ends. The main regimes are partial community property…
- MarriageA marital bond formed at the moment the engaged couple declare to the judge their intention to marry, establishing a full partnership of life with equal rights and duties.
- Marriage Application (Habilitação para o Casamento)A request signed by both spouses-to-be, either personally or through an attorney-in-fact, accompanied by the documents required by law, including a birth certificate and a statement from two witnesses.
- Marriageable ageThe minimum age to marry, set at sixteen, with authorization required from both parents or legal representatives until the person reaches the age of civil majority.
- Material Joinder of Crimes (*Concurso Material*)Under Brazilian law, when a person commits two or more crimes, whether identical or not, through more than one act or omission, the sentences are added together, and the prison term (*reclusão*) is served first.
- Maternity BenefitThe maternity benefit is paid to insured women while they are away from work due to childbirth, adoption, or legal custody for adoption purposes, as well as in cases of noncriminal abortion.…
- Maternity Pay During Prolonged HospitalizationA benefit owed for the entire period of hospitalization of the insured mother or the newborn when it exceeds two weeks due to childbirth complications, and for 120 days after discharge.
- Maternity Pay for Adoption (Salário-Maternidade por Adoção)A 120-day benefit paid by Brazil's Social Security system to an insured person who adopts a child or obtains judicial custody for the purpose of adoption.
- Maternity Pay for Non-Criminal MiscarriageA two-week benefit paid to an insured woman who suffers a non-criminal miscarriage, proven by a medical certificate.
- Maternity Pay for Special Insured WorkersA benefit owed to rural workers who can show they worked in that capacity during the ten months before childbirth or before filing the claim, even if the work was not continuous.
- Maternity Pay for the Surviving SpouseA benefit paid to the spouse or partner who holds insured status when the person entitled to receive it dies. It is paid for the entire period or for whatever time remained.
- Maternity Pay for Unemployed WomenA benefit paid directly by Social Security to an insured woman who has no job, as long as she is still within the period during which the law keeps her status as an insured person.
- Maternity Pay Paid by Social SecuritySituations in which Social Security pays the benefit directly to the insured woman, such as domestic employees, special insured workers, self-employed contributors, and voluntary contributors.
- Maternity Pay Prorated to the Days of LeaveHow to calculate the benefit for an employed insured woman in the months when leave begins and ends, limited to the days she was actually away from work.
- Meação (Marital Share)The half of a couple's common property that belongs to each spouse or partner, depending on the property regime they adopted. It is not the same as inheritance. When one of them dies, the surviving partner's share is set aside first…
- Meal Allowance and Travel Per DiemsPayments that are not part of the contribution salary base even when paid regularly, provided that the meal allowance is not paid in cash.
- Medical examinationAn examination performed by an INSS (Brazil's National Social Security Institute) medical examiner to assess whether the insured person has a disability and its degree. It is an essential step for disability benefits, such…
- Membership Interest (*Quota Societária*)An ownership stake in a company's capital, carrying rights and obligations defined by the company's contract and by law.
- Merger of Companies (Fusão de Sociedades)A transaction in which the combined companies cease to exist and a new company is formed, which succeeds the former companies in all of their rights and obligations.
- Merger of Companies (Incorporação de Sociedade)A transaction in which one or more companies are absorbed by another, which then succeeds to their rights and obligations, with the approval of all the companies involved.
- Military Service TimeTime served in the Armed Forces, including voluntary service, that counts toward your social security contribution time as long as it was not used for military retirement or a public-sector pension.
- Minimum Age for People with DisabilitiesA route to retirement that replaces a longer contribution requirement based on degree of disability with a statutory age combined with a minimum contribution period completed while living with a disability.
- Minimum Age to Register with the RGPSRequirement of a full sixteen years of age for a person to be registered in any category of insured person under Brazil's Social Security system.
- Minimum Contribution Period for the Programmed Retirement PensionThe number of years of contributions required of women and men, along with the minimum age, to retire if you joined the Social Security system after the pension reform.
- Minimum Divisor for the AverageA floor of one hundred and eight months for the divisor used to calculate the average of contribution salaries in retirement benefits for people who joined the Brazilian social security system on or before July 1994, except for permanent disability retirement.
- Minister of a Religious DenominationClergy members and members of institutes of consecrated life, congregations, or religious orders, classified as self-employed contributors (*contribuintes individuais*) under Brazil's Social Security system.
- Minor Under Guardianship Treated as a ChildA child or teenager under the guardianship of the insured person is treated as a child for survivor's pension purposes, as long as the guardianship order is submitted and economic dependence is proven.
- Minor Under Judicial Guardianship as a DependentA child or teenager under the insured person's judicial guardianship is treated as a child of the insured person, upon the insured person's declaration, as long as the minor has no means of his or her own for support and education.
- Misleading advertisingAdvertising that provides false information or omits essential information, capable of misleading the consumer about the characteristics, price, quality, or terms of a product or service. It applies equally to…
- Misleading Advertising by OmissionAdvertising that fails to disclose essential information about a product or service and, as a result, may lead consumers into error.
- Mistake of Fact Under the Criminal Code (Erro de Tipo Penal)A mistake about an element of the criminal offense that rules out intent (*dolo*) and may still allow punishment for negligence when the law provides for it.
- Mistake of Law (Erro de Proibição)Lack of awareness that an act is unlawful, with effects on the sentence depending on whether the mistake was unavoidable or could have been avoided.
- Mitigating CircumstanceA condition that always reduces a criminal sentence, such as paying for the harm caused before trial, acting for a motive of relevant social or moral value, or not knowing the law.
- Modification of Child and Family Support (Revisão de Alimentos)Changing a support obligation when the circumstances of the person who pays or the person who receives it change, in the cases provided by law.
- Monthly Contribution CeilingThe highest amount allowed as a contribution salary base, published by the social security agency whenever the amount of benefits changes.
- Monthly Contribution FloorThe lowest amount accepted as the monthly contribution salary, which is the category's wage floor for employees and the statutory floor for individual contributors and optional contributors.
- Moral Rights of the AuthorRights tied to authorship and the integrity of a work, among other personal prerogatives protected by Brazilian copyright law.
- Mortgage (*Hipoteca*)A security interest that ties a piece of property to the performance of an obligation, with requirements, priority, and enforcement governed by law.
- Motion for Clarification (*Embargos de Declaração*)An appeal used to clarify an obscure passage, resolve a contradiction, fill an omission, or correct a clerical error in a court decision.
- Mutual Fault in TerminationA situation in which both employee and employer contribute to the end of the employment contract, in which case the Labor Courts cut the severance owed in half.
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- National Public Procurement PortalThe official website for the centralized publication of the acts that Brazil's public procurement and contracting legislation requires.
- Natural familyA community made up of the parents, or either of them, and their descendants, as defined by Brazil's law protecting children and adolescents.
- NBThe Número do Benefício (NB), or Benefit Number, is the identification code that INSS (Brazil's National Social Security Institute) assigns to each benefit it grants or that a person has applied for. It lets you locate and track the administrative case and the payments. It is used in…
- Necessary Improvements (*Benfeitoria Necessária*)Work or expenses incurred on a property to preserve it or keep it from deteriorating. A good-faith possessor is entitled to compensation and may retain the property until paid.
- Necessity (Estado de Necessidade)A situation in which a person acts to protect a legal right from present danger, within the requirements and limits set by Brazilian criminal law.
- Necessity of ProcessingLimiting the use of data to what is relevant and proportionate to the purpose, avoiding excessive or unnecessary collection.
- Negative Credit InformationUnfavorable data in a credit registry that must be truthful, is subject to time limits, and must meet other legal conditions.
- Negligent Crime (<em>Crime Culposo</em>)An offense in which the result stems from recklessness, negligence, or lack of skill, where the law provides for punishment in that form.
- Negotiable Instrument (*Título de Crédito*)A document needed to exercise the right written in it. It is worth only what the paper itself states, and it takes effect only when it meets the requirements set by law.
- Neighbor Law (Direito de Vizinhança)The set of limits and duties between nearby properties that reconciles their uses and protects safety, health, and peace and quiet, under the conditions set by law.
- Net NeutralityThe duty to treat data packets without discrimination based on content, origin, destination, service, terminal, or application, subject to the exceptions provided by law.
- Neutralization of HarmfulnessThe adoption of measures that reduce the intensity, concentration, or dose of an agent harmful to health down to the tolerance limit set by law.
- Nexo Técnico Epidemiológico (NTEP): Brazil’s Epidemiological Technical LinkThe *nexo técnico epidemiológico* (NTEP) is a mechanism that presumes a link between a worker's illness and his or her occupation when there is a statistical relationship between a certain disease and a particular economic sector…
- Night shift differentialAn increase over the regular hourly wage owed to employees who work during the nighttime period defined by law, except in cases of weekly or biweekly shift rotation.
- Ninety-Day Tax Grace Period (Anterioridade Tributária Nonagesimal)A rule requiring a minimum constitutional interval between the publication of a tax law and the collection of certain taxes, subject to exceptions.
- Non-Competition Clause in the Sale of a Business (*Trespasse*)A prohibition on the seller of a business establishment competing with the buyer for the period set by law, unless the contract itself expressly authorizes it.
- Non-Cumulative TaxationA constitutional technique that offsets amounts charged in earlier stages of the production and distribution chain, applied to the taxes and under the conditions where it is provided for.
- Non-Discrimination in Data ProcessingThe prohibition on using personal data for unlawful or abusive discriminatory purposes.
- Non-Economic DamagesNon-economic damages are injuries to personal rights, such as honor, image, name, or psychological integrity, that affect a person’s dignity rather than their…
- Non-Economic Damages in Labor LawAn injury to the moral or personal sphere of a worker or a company, caused by an act or omission in the employment relationship, for which only the holder of the injured right may seek compensation.
- Non-Employee DirectorAn officer elected by the shareholders' meeting to a management position, without the characteristics of an employment relationship, who is registered with social security as an individual contributor.
- Non-Incorporation of the Family Allowance QuotaRule under which the quota is not part of the wage or the benefit for any purpose, so it has no effect on other payments.
- Non-Occasional ServiceWork tied directly or indirectly to a company's regular activities, a requirement that defines the employment relationship of an insured employee.
- Non-Occasional Service (Continuity Requirement)A requirement for an employment relationship: the work must be continuous, not occasional, and performed for the same employer.
- Non-Prosecution Civil Agreement (*Acordo de Não Persecução Civil*)An agreement the Public Prosecutor's Office may enter into in misconduct-in-office cases, conditioned on full compensation for the damage, return of any unlawful gain, and approval by the judge.
- Non-Waivability of Child and Spousal Support (Alimentos)A rule that allows the creditor to refrain from collecting support but bars the creditor from waiving the right itself, and makes the claim non-assignable, non-offsettable, and exempt from attachment.
- Nondurable ProductA good meant to be consumed or to wear out quickly, subject to its own rule on the deadline for complaining about defects.
- Nonretroactivity of Tax Law (Irretroatividade Tributária)The prohibition on collecting a tax for a taxable event that occurred before the law creating or increasing that tax took effect.
- Normal and Foreseeable Consumer RiskA risk that comes with the nature and use of a product or service and does not relieve the supplier of the duty to inform consumers adequately.
- Notarial Record (*Ata Notarial*)A document in which a notary public records that certain facts exist and how they exist, based on the notary's own verification, for use as evidence.
- Notice of Account RegistrationWritten notice to a consumer that a record has been opened in his or her name without the consumer's request, under the conditions set by law.
- Notice of Benefit TerminationA notice sent to a retiree working in a harmful activity. It sets a deadline, counted from the date the notice is issued, to prove that the activity has ended so the benefit payments can continue.
- Notice to the Fiduciary DebtorA notice delivered by the real estate registry officer requiring the debtor to pay, within fifteen days, the overdue installments and charges, before losing the property pledged as collateral.
- NovationThe replacement of an existing debt with a new obligation, by changing the debt itself, the debtor, or the creditor, which extinguishes the earlier legal relationship.
- Nullity of a Consumer Contract ClauseThe invalidity of a contract provision that violates the Consumer Protection Code, which does not necessarily invalidate the entire contract.
- Nullity of a Contract Clause That Violates Freedom of CommunicationInvalidity of contract provisions that violate the legal guarantees of privacy and freedom of expression in the situations provided by law.
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- Objecting to Data ProcessingYour right to challenge the processing of your personal data without your consent when the data protection law has not been followed.
- Objective Good FaithObjective good faith is the duty to act with loyalty, honesty, and transparency at every stage of a contract, from negotiations through performance and afterward. It is not about…
- Obligation Not to Do (Negative Obligation)A duty to refrain from an act. If the debtor breaks it, the creditor may demand that the debtor undo what was done, or may undo it at the debtor's expense, with compensation for losses and damages.
- Obligation to Deliver a Specific Thing (*Obrigação de Dar Coisa Certa*)The duty to deliver a specifically identified item, which extends to its accessories even if they are not mentioned, unless the title or the circumstances provide otherwise.
- Obligation to Deliver an Unspecified Thing (*Obrigação de Dar Coisa Incerta*)The duty to deliver an item described only by its kind and quantity, which becomes specific only when the object is chosen later.
- Obligation to PerformAn obligation to perform is one in which the debtor undertakes to carry out an activity or provide a service, rather than deliver money or property. This applies…
- Occasional Help from Third PartiesHelp given occasionally to a rural family unit, as mutual cooperation, without subordination or payment, which does not take away the status of special insured person.
- Occasional Service ProviderA person who performs urban or rural work on an occasional basis for one or more companies, without an employment relationship, and who therefore registers with social security as a self-employed contributor (*contribuinte individual*).
- Occupational diseaseA disease caused or triggered by the work peculiar to a particular line of activity and listed in the official schedule, treated by law as equivalent to a workplace accident.
- Official administrative impetusThe Administration's duty to move a proceeding forward and develop the evidence in it, without shutting out the participation of the interested parties.
- Old-Age Retirement for Special Insured Persons (Rural Workers)Old-age retirement for rural workers who farm alone or with their families and can prove they worked in the field, even if not continuously, during the period immediately before applying, equal in length to the grace period.
- Older Adult’s Contribution to the Cost of Care at the FacilityA charitable residential care facility may charge a fee, limited to a portion of the benefit the older adult receives and set by the competent municipal council.
- On-Call Standby (*Sobreaviso*)Time during which an employee stays at home waiting to be called in to work, within a limited schedule and paid at a fraction of the normal hourly rate.
- Only Contributions Actually Paid Count Toward the CalculationA rule under which, for people who pay into the system on their own, only the months of contributions actually paid are counted in calculating the benefit.
- Open Supplementary Pension Entity (Entidade Aberta de Previdência Complementar)A corporation (*sociedade anônima*) that operates pension plans open to any individual, with benefits paid as ongoing income or as a lump sum.
- Optional Enrollment: Who Can Contribute VoluntarilySituations in which people who do not engage in any activity that makes them mandatory insured persons can choose to contribute, such as students, scholarship recipients, interns, and Brazilians living abroad.
- Ordinary adverse possession (*usucapião ordinária*)Acquisition of ownership of real property held continuously and without challenge for ten years, provided the possessor has a valid title (*justo título*) and good faith.
- Ordinary condominium expenseA cost necessary to run the condominium, such as employees' salaries, cleaning, and utilities for common areas, which the tenant is responsible for paying.
- Original components in repairsRepairs require suitable, new parts. Parts that keep the manufacturer's technical specifications are also accepted, subject to the legal exceptions on authorization.
- Out-of-Court Probate (Extrajudicial Inventory)A form of probate carried out at a notary's office (*cartório de notas*) by public deed, with the assistance of an attorney and in compliance with the legal and regulatory requirements. The presence of a minor or an incapacitated heir does not rule out this route when each heir's share of the estate, or the surviving spouse's marital share, is allocated as an undivided interest in each asset and the Public Prosecutor's Office (*Ministério Público*) issues a favorable opinion, provided the other CNJ (Brazil's National Council of Justice) conditions are met. If there is a will, the specific requirements must be checked, including any court authorization that may be needed.
- Out-of-Court ReorganizationA plan the debtor proposes and negotiates directly with creditors. It cannot cover tax debts, and it requires collective bargaining for labor claims.
- Outdated Technical ReportIf a company fails to keep its environmental report current, or issues documentation that contradicts it, the company is subject to the penalty set out in the benefits law.
- Over-IndebtednessThis is the situation in which a consumer acting in good faith is unable to pay all debts without compromising the minimum necessary to live with dignity. The law provides…
- Overdue Contributions Still Within the Collection PeriodPayment of an overdue period that the Social Security system can still demand, in which case the rules that apply to companies govern, not the separate calculation used for indemnity payments.
- Overruling a PrecedentA change in a previously adopted interpretation of the law, which must be supported by reasoned grounds and is subject to the rules on stability and the protection of legitimate reliance.
- Oversight of Administrative ContractsMonitoring of a contract's performance by a representative of the Administration, who records incidents and takes, or requests, the appropriate measures.
- OvertimeTime worked beyond the standard workday, subject to the applicable rules on how it may be performed, offset, and paid.
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- Paid Condominium ManagerA manager elected to run a condominium who receives pay enrolls in social security as an individual contributor; one who is unpaid may enroll as an optional contributor.
- Paid Vacation Under Brazilian Labor LawPaid time off owed to an employee, based on how it is earned, when it is granted, and the other requirements of the law.
- Paid Work by a Dependent with a DisabilityRule under which working, including as an individual microentrepreneur (MEI), does not prevent a dependent with a disability from receiving, or keeping, a share of the survivor's pension.
- Parental AlienationConduct by someone who attempts to distance a child or adolescent from the other parent or from family members through manipulation, disparagement, or obstacles to contact. It harms the child’s emotional bond…
- Parental Authority (Poder Familiar)The set of responsibilities and duties that parents hold toward their minor children under Brazilian law.
- Parental Consent to AdoptionAdoption requires the consent of the parents or the legal representative. Consent is not required when the parents are unknown or have lost parental authority (*poder familiar*) by court order.
- Parents’ Liability for a Minor ChildParents' duty to compensate for harm caused by a minor child who is under their authority and in their company, even if the parents were not at fault themselves.
- Parity of BenefitsA guarantee that retirement and survivor pensions are adjusted by the same percentage and on the same date as the pay of active public servants changes.
- Part-Time WorkA reduced weekly work schedule, with a legal cap on hours and pay proportional to that of full-time employees in the same position.
- Partial community property regimeA regime under which only assets acquired during the marriage or stable union through the couple’s joint efforts are divided. Assets each person already owned before the relationship, or received through inheritance or…
- Partial Criminal Responsibility (Semi-imputabilidade)Reduction of the sentence of a defendant who, because of a mental health disorder or incomplete mental development, was not fully able to understand that the act was unlawful.
- Partial Judgment on the MeritsA decision that immediately resolves one or more uncontested claims, or claims that are already ready for judgment, allowing immediate enforcement even if an appeal is filed.
- Partial Recovery of Work CapacityAn incomplete improvement in a person's ability to work, which keeps the permanent disability retirement benefit in place for a limited period, with successive reductions until it ends.
- Participation in Acquired Assets (Final Participation in Acquests)A marital property regime in which each spouse keeps his or her own assets during the marriage and, when the marital partnership ends, is entitled to half of the assets the couple acquired for value.
- Passive Tax CapacityThe ability to be a taxpayer (the passive party in a tax obligation), regardless of the civil and formal conditions set out in the tax legislation.
- Passive TransparencyThe provision of public information in response to a request from an interested party, following the procedures and deadlines set by law.
- Paternity actionA court action to establish who a person’s father is when there has been no voluntary acknowledgment. DNA testing is usually the main evidence, but the judge may…
- Paying Back Contributions for a Period Without Mandatory EnrollmentPayment of the contributions for a period when the work did not require enrollment in Brazil's social security system, which is the condition for that time to be recognized and counted.
- Payment Not Owed (Undue Payment)The duty to return what you received without being owed it, even when the debt was conditional and the condition has not yet been met.
- Payment of Benefits to an Incapacitated PersonDelivery of the benefit of an insured person or dependent who is legally incapacitated to the spouse, father, mother, guardian, or curator, and, if none of them is available, to a necessary heir for up to six months.
- Payment of Family Allowance by the EmployerThe duty of a company or household employer to pay the allowance quotas together with the salary, and to offset that amount when paying in social security contributions.
- Payment of Maternity Pay by the EmployerThe employer's duty to pay the benefit directly to its pregnant employee and then offset that amount against the payroll contributions it owes.
- Penalty for Early Return of the Rental PropertyA penalty proportional to the portion of the lease term already completed, owed by a tenant who returns the property before the lease ends. It is waived when the tenant leaves because the employer has transferred them.
- Pension for Reduced Work CapacityA benefit owed to a person who, because of an injury, can no longer practice their trade or has a reduced capacity to work. It may be paid in a single lump sum.
- Per Capita Monthly Family IncomeThe family's monthly income divided by the number of family members living under the same roof. It is the eligibility criterion for the assistance benefit, and deductions not provided for by law are not allowed.
- Perfect Legal Act (*Ato Jurídico Perfeito*)An act that was completed in accordance with the law in force when it was carried out, and that is protected from harm caused by a later law.
- Performance Security in Public ContractingA tool that protects contract performance, which the government may require only in the situations and within the limits set by law and by the bidding notice.
- Permanent Disability Retirement BenefitA benefit, formerly called disability retirement, payable to an insured person deemed permanently unable to perform any work that would provide a livelihood. It depends on a finding through a medical examination and on the impossibility…
- Permanent work timeTime worked on a regular basis, neither occasional nor intermittent, in which exposure to the harmful agent is inseparable from producing the good or providing the service.
- Person with a Disability for Social Assistance PurposesA person who has a long-term physical, mental, intellectual, or sensory impairment that, in interaction with various barriers, may hinder full participation in society.
- Personal DataInformation relating to an identified natural person, or one who can be identified, including by combining it with other data.
- Personal Data ControllerThe individual or legal entity that decides how personal data is processed and is legally responsible for that decision.
- Personal Data PortabilityThe right to request that your data be transferred to another provider, subject to regulation and to the protection of trade and industrial secrets.
- Personal Data ProcessorAn individual or legal entity that processes personal data on behalf of the controller, following the controller's lawful instructions.
- Personal Data Security IncidentAn event that compromises the protection of personal data, such as unauthorized access, loss, alteration, or improper disclosure.
- Personal Information in Public AdministrationInformation related to an identified or identifiable natural person, whose access and disclosure must respect the protections established by law.
- Personal Protective Equipment (PPE)Personal-use technology designed to contain the harmful agent, whose existence and effectiveness must be recorded in the technical report on workplace environmental conditions.
- Personal Service in the Employment RelationshipA requirement of an employment relationship: the work must be performed by an individual, not by a company, under the legal definition of an employee.
- Personality RightsRights tied to the person himself or herself that, except in cases provided by law, cannot be transferred, waived, or voluntarily limited in their exercise.
- Persons with Disabilities for Social Security PurposesAn insured person with a long-term physical, mental, intellectual, or sensory impairment that, in combination with various barriers, may hinder their full participation in society.
- Petition to the Data Protection AuthorityYour right to submit a request concerning your personal data to the competent authority, subject to the rules that govern how this right is exercised.
- Place of PaymentThe place where a debt must be paid, which is the debtor's domicile unless the parties agree otherwise, the law provides otherwise, or the nature of the obligation calls for a different place.
- Placement in a Substitute FamilyA measure that places a child or adolescent with another family through guardianship (*guarda*), legal guardianship (*tutela*), or adoption, after first hearing from the child and taking the child's opinion into account.
- Planning for Public ProcurementDefining needs, solutions, risks, and contracting conditions before a supplier is selected.
- Point-Based Transition Rule for Special-Conditions RetirementA rule that lets workers who were exposed to harmful agents before the reform retire based on the sum of their age and contribution time, using a separate point score for each exposure bracket.
- Points RuleA transition rule that adds the insured person's age to their contribution period to reach a minimum score. The required score gradually increases each year, according to the schedule established by the…
- Police Investigation (*Inquérito Policial*)The investigation of a criminal offense and who committed it, carried out by the police authority within the territory of its jurisdiction, without excluding the authority of administrative agencies.
- Police powerThe prerogative of the Public Administration to limit and place conditions on the exercise of individual rights and activities in favor of the collective interest, such as health, safety, the environment, and public order. It shows up in acts such as…
- Portability in Supplementary Pension PlansThe transfer of the amount a participant has accumulated to another pension plan. It is allowed only after the employment relationship has ended, and the funds never pass through the participant's hands.
- PossessionPossession is the actual exercise of one of the powers an owner has over property, such as using and maintaining real estate, even if the person does not hold title to…
- Possession in Bad FaithPossession by a person who knows of the defect that taints it. The possessor must account for the fruits collected and for those he failed to collect through his own fault, but is entitled to reimbursement of production expenses.
- Post Mortem RegistrationRegistration requested after the worker's death. It is allowed for special insured persons (*segurado especial*) when the requirements for affiliation are met, and prohibited for individual contributors and optional contributors.
- PPPThe Profile of Occupational Conditions for Social Security Purposes is a document issued by the employer that describes the worker's activities and the harmful agents to which the worker was exposed. It serves as the primary evidence of the existence…
- Precautionary Measure Other Than ArrestAn obligation imposed on a suspect or defendant in place of pretrial detention, such as periodic appearance before the court and a ban on frequenting certain places or contacting a specific person.
- Precautionary Preservation of RecordsRetention of records for longer than the ordinary period in the cases the law allows, without confusing preservation with authorization to access.
- PreclusionThe loss of the right to take a procedural step because the deadline has passed, the step has already been taken, or it is incompatible with an earlier act, under the rules of procedure.
- Predial Easement (*Servidão Predial*)A real right that gives one property a benefit and burdens another, under the conditions set by a deed or by law.
- Predominant ActivityThe harmful activity in which the insured person contributed for the longest period before the conversion, which sets the minimum time required and the multipliers that apply.
- Predominant Degree of DisabilityThe degree of disability in which the person completed the longest contribution period before conversion. It sets the minimum contribution time required and the multipliers that apply.
- Preexisting Condition at the Time of EnrollmentAn illness or injury the insured person already had when joining the General Social Security Regime (Regime Geral), which as a rule entitles you to neither temporary disability benefits nor permanent disability retirement.
- Preexisting Conditions in Health PlansAn illness or injury the beneficiary already had when signing up for a health plan. Coverage for it cannot be excluded after twenty-four months, and the insurer bears the burden of proving the beneficiary knew about it beforehand.
- Preferred shareA share that gives its holder priority in the distribution of dividends, priority in the reimbursement of capital, or both advantages combined, as provided in the company's bylaws.
- Pregão (Reverse Auction Procurement)A bidding procedure for common goods and services, with the award criteria set by law.
- Pregnancy Support PaymentsAmounts paid by the alleged father to cover pregnancy-related expenses, such as medical care, tests, special food, childbirth, and medication. They may be requested by the pregnant woman during the pregnancy, provided there is evidence…
- Preliminary ContractAn agreement that obligates the parties to enter into the final contract and that must contain all of the final contract's essential requirements, except as to form.
- Preliminary Injunction (Liminar)A decision issued at the start of a proceeding, or before a party has been heard on a particular matter, when the law allows it.
- Preliminary InquiryA preliminary procedure used by the Administration to determine whether an irregularity occurred and who was responsible before deciding whether to open a full disciplinary proceeding. It may result in dismissal of the matter, imposition of a minor…
- Preliminary Technical StudyA document that establishes the public need and analyzes the best solution as a step in planning a government procurement.
- Prenuptial Agreement (*Pacto Antenupcial*)An agreement in which the engaged couple chooses their marital property regime before marrying. It is void if not made by public deed, and it has no effect if the marriage does not take place.
- Prequalification of BiddersA preliminary procedure that identifies bidders or goods that meet the defined qualification conditions or technical requirements.
- Preserving the Original of a Digitized DocumentThe duty to preserve the original of a digitized document in the cases and for the period set by procedural law.
- Presumed Death of the Insured PersonCourt recognition of an insured person's disappearance after six months of absence, which allows provisional survivor's pension benefits to be granted to their dependents.
- Presumed Economic DependenceA situation in which the law excuses a first-class dependent from proving that they relied on the insured person for support. It is enough to show the family relationship or the stable union.
- Presumed Interest on a Loan for Consumption (*Mútuo*)Interest that is presumed to be owed on a loan of fungible goods made for economic purposes, with the statutory rate applying when the parties have not agreed on one.
- Presumed Payment of ContributionsThe legal presumption that contributions owed by employees and independent workers (*trabalhadores avulsos*), and those owed by individual contributors and withheld by the company since April 2003, were paid for purposes of the grace period (*carência*).
- Presumption of PaternityThe legal presumption that children born at least one hundred eighty days after the start of the couple's life together as spouses, and up to three hundred days after the marital union ends, are the husband's children.
- Preterição in Public Exams (Being Passed Over for Appointment)A situation in which the government disregards the ranking order of a public-service exam, for example by hiring temporary or outsourced workers to perform the duties of the position while approved candidates are still waiting.…
- Pretrial Detention (*Prisão Preventiva*)Detention ordered before a final conviction, upon proof that a crime occurred and evidence of who committed it, in order to protect public order, preserve the criminal investigation and trial, or ensure the enforcement of criminal law.
- Prevention in Data ProtectionAdopting measures to prevent harm from the processing of personal data before it occurs.
- Prevention of Jurisdiction (*Prevenção do Juízo*)The fixing of a court's jurisdiction over a case by the registration or assignment of the initial petition, which also draws to that same court the judgment of related actions.
- Price Registration Record (Ata de Registro de Preços)A document that records the subject matter, prices, suppliers, and terms for future contracts, without requiring any automatic contracting.
- Price Registration SystemProcedures for registering prices and terms for future contracts, according to the situations and rules set by law.
- Principal Tax ObligationThe duty to pay a tax or a monetary penalty. It arises with the taxable event and ends when the corresponding tax credit is extinguished.
- Prior Access to the ContractThe consumer's right to review the contract's terms before signing, failing which the consequences set out in the Code apply.
- Prior Conciliation CommitteeA joint-composition body, set up by companies and labor unions, with representatives of both employees and employers, that tries to settle individual labor disputes through conciliation.
- Prior Service EstimateA document that itemizes costs, payment terms, and execution dates, required before the work begins in the cases provided by law.
- Priority of Tax ClaimsThe priority position a tax claim holds over other debts under the conditions set by law, subject to exceptions such as labor claims and insolvency rules.
- Privacy ProtectionA guarantee that safeguards private life and intimacy by limiting how personal information is collected, used, and disclosed.
- Private Agreements on TaxesPrivate agreements about who will bear the cost of a tax payment do not, unless the law provides otherwise, change who is legally liable to the tax authorities.
- Private criminal actionA criminal action brought by a complaint filed by the offended party or the party's representative, for crimes the law designates as exclusively for the victim to pursue, and also when the Public Prosecutor's Office fails to file charges within the deadline.
- Private Digital DocumentAn electronic document produced by private parties whose authorship and validity can be shown by any legally accepted means.
- ProbateA procedure for identifying the assets, debts, and rights left by a deceased person and transferring them to the heirs. It inventories the estate, pays taxes and creditors, and formalizes the distribution of assets. It may be judicial…
- Probationary periodInitial period during which a civil servant newly appointed through a competitive examination is evaluated for fitness and performance in the position, generally for three years. During this phase, criteria such as…
- Processing a Disability Benefit on the Agency’s Own InitiativeThe duty of Brazil's Social Security system to process a benefit on its own when it learns that an insured person is disabled but never applied for it.
- Processing AgentsThe collective term for the controller and the operator of personal data; their responsibilities depend on the role each one actually performs.
- Processing of Personal DataAny operation performed with personal data, such as collecting, consulting, storing, sharing, altering, or deleting it.
- Product defectIt is a defect that causes a product or service to malfunction, perform less effectively, or fail to serve its intended purpose, without putting the health or safety of the person…
- Product HazardA product's potential to cause harm, which requires conspicuous and adequate information and can bar the product from being placed on the market in the cases the law provides.
- Product in the Consumer RelationshipAny movable or immovable, tangible or intangible good placed on the consumer market and subject to consumer protection rules.
- Product Liability for Defective Products (*Fato do Produto*)A safety defect in a product that causes harm and can give rise to a duty to compensate the injured person under the legal regime.
- Product or Service DefectA serious defect that goes beyond poor performance and causes harm to the consumer’s health, safety, or property. Also called a defect, it occurs, for…
- Product PresentationHow a product's characteristics, quality, quantity, price, warranty, origin, and risks must be communicated: with clear, conspicuous information.
- Product SafetyProtection against defects that expose consumers to risks beyond what they can legitimately expect, taking into account the product's presentation, its use, and the time it was put into circulation.
- Product Unfit for ConsumptionA product that falls within the legal grounds for being considered unfit, such as an expired shelf life, spoilage, or failure to comply with applicable regulations.
- Profit and Results SharingAn amount a company distributes to its employees. When it is paid in accordance with the specific statute that governs it, it falls outside the base on which social security contributions are calculated.
- Progressive Minimum AgeThe age required under the transition rule based on contribution time, which rises by six months each year until it reaches the limit that Brazil's Social Security reform set for each sex.
- Progressive Rates for Employee ContributionsA method of charging the employee's contribution in which the rate applies by brackets of the contribution salary, with each percentage applied only to the portion of salary that falls within that bracket.
- Prohibition of Humiliating Proof of NeedA principle of social assistance that bars the government from requiring citizens to provide any humiliating proof of their need in order to obtain a benefit or service.
- Prohibition on Counting Simultaneous Public and Private Service TimeYou cannot add together, for the same period, time spent in public service and time spent in private-sector work when the same person performed both at the same time.
- Prohibition on Optional EnrollmentAnyone who belongs to a public-sector pension system (*regime próprio*) is barred from contributing voluntarily to the General Social Security Regime (RGPS), unless they are on unpaid leave that prevents them from contributing to their own system.
- Prohibition on Standalone Justification ProceedingsJustification may not be processed as a separate request, because it is part of the process of updating a record or recognizing a right.
- Proof of Affiliation Through the CNISA record of employment relationships, earnings, and contributions that serves as proof of your connection to the Social Security system and of your contribution time.
- Proof of Disability Predating Complementary Law 142Certification of a disability that existed before the law creating the benefit, made at the first assessment and covering the degree of disability, with no acceptance of testimony-only evidence.
- Proof of LifeAn annual confirmation that a benefit recipient is alive, done by biometrics at the bank or by another method that securely identifies the person receiving the payment.
- Proof of Stable Union for Survivor’s PensionTo receive a survivor's pension as a partner, you must prove the stable union with the deceased insured person. INSS (Brazil's National Social Security Institute) usually requires documents showing that you lived together, such as proof…
- Proof of Truthfulness in AdvertisingThe sponsor's burden of proving that the information disclosed in its advertising is accurate, as required by law.
- Proof of Vaccination and School AttendancePeriodic requirement to submit a mandatory vaccination certificate and proof of your dependents' school attendance so that the family allowance (*salário-família*) continues to be paid.
- Proof That a Defunct Company ExistedThe official document you must submit to show that the company where you claim to have worked existed during the period you want to prove.
- Proof That You Remain IncarceratedA document required to keep receiving *auxílio-reclusão* (the social security benefit for dependents of an incarcerated insured person), which can be replaced by electronic access to the National Council of Justice's database.
- Property damageProperty damage is economic harm to a person’s assets that can be measured in money. It is divided into two parts. Actual losses are what the victim actually lost, such as the cost of repairing an asset…
- Property Occupancy FeeThe monthly amount a debtor owes the fiduciary creditor for the time the debtor remains in the property, counted from the consolidation of title until possession is surrendered.
- Property OwnershipThe right to use, enjoy, dispose of, and recover a thing, subject to its social function and the limits set by law.
- Property violenceA form of domestic violence against women that consists of withholding, taking, or destroying a woman's belongings, work tools, documents, property, money, and rights.
- Proportional Price ReductionA reduction in the amount owed to make up for a defective or unsuitable product or service, in the situations the law provides for.
- Protecting Consumer HealthThe duty to avoid risks that are incompatible with the safety consumers are legitimately entitled to expect, and to disclose the normal or foreseeable risks of products and services.
- Protection Against Arbitrary DismissalA constitutional guarantee that protects the employment relationship against arbitrary dismissal or dismissal without just cause, and refers the matter to a complementary law that provides for compensatory indemnity to the worker.
- Proven Economic DependenceA requirement for dependents who do not have a legal presumption in their favor: they must submit at least two documents showing that they lived off the insured person's support.
- Provisional Acceptance of the Contract DeliverableThe initial check of the delivery or performance of the contract deliverable, in accordance with the parties' responsibilities and the conditions set by law.
- Provisional Child SupportSupport set by the judge as soon as the judge rules on the initial support request, before the final judgment, unless the person entitled to support expressly states that he or she does not need it.
- Provisional Registration of a DependentProvisional inclusion, in the division of the survivor's pension, of a person who has filed a lawsuit to be recognized as a dependent, with payment of that person's share held back until the case is finally decided.
- Provisional releaseRelease that a judge must grant when the requirements for pretrial detention are absent, with the option of imposing precautionary measures in place of jail.
- Provisional Relief (*Tutela Provisória*)Court protection granted before a final decision, based on urgency or on evident entitlement in the cases the law provides for.
- Provisional Survivor’s Pension for Disappearance in a DisasterA pension paid to dependents when it is proven that the insured person disappeared in an accident, disaster, or catastrophe, without having to wait for a court declaration of absence.
- PseudonymA name a person adopts for lawful activities, which receives the same protection as a legal name.
- PseudonymizationA data-processing technique that makes it difficult to link a piece of data to a specific person without additional information, which is kept separately in a controlled, secure environment.
- Public Access to Electronic Case FilesPublic access to the acts and records of digital proceedings, except in cases where the law provides for confidentiality (*segredo de justiça*) or data protection.
- Public Accreditation (*Credenciamento*)An auxiliary procedure in which interested parties qualify to provide services or supply goods when called upon under the established conditions.
- Public Disclosure of a Data ViolationPublicizing the violation after it has been investigated and confirmed, under the conditions set for administrative sanctions.
- Public foundationAn entity within Brazil's indirect public administration, created to carry out activities of public interest. Its legal regime depends on its nature and on the governing legislation.
- Public Procurement (*Licitação*)A procedure for selecting the bid best able to deliver an advantageous result for the Public Administration, with equal treatment of bidders and compliance with the rules set by law.
- Public Purpose in Data ProcessingA requirement that government bodies process data only to carry out their legal powers and duties, with transparency and in service of the public interest.
- Public Servant Excluded from the General RegimeA tenured public servant or military member covered by a special pension regime, who falls outside the General Regime, except for any other activity performed at the same time.
- Public Services and ConsumersPublic services, whether provided directly by the government or through a delegated provider, must be adequate, efficient and safe. Essential services must be provided continuously, as the law requires.
- Purging Delay (*Purgação da Mora*)Cure of a delay by the party who caused it, either by offering performance together with the losses incurred up to the day of the offer, or by the other party's acceptance of payment, with its effects running up to that same date.
- Purpose of ProcessingA legitimate, specific purpose, disclosed to the data subject, that guides how data is used and limits any later processing that is incompatible with it.
- Putative Justification (Descriminante Putativa)Exemption from punishment for a person who, through an error fully justified by the circumstances, believes a situation of fact exists that, if it were real, would make his or her actions lawful.
- Putative marriageA void or voidable marriage entered into in good faith that, despite the defect, produces full legal effects in favor of the good-faith spouse and the children until the court issues a judgment annulling it.
Q
- Qualification in Public ProcurementThe stage at which a bidder's ability to perform the contract is verified, based on the requirements the law allows.
- Qualified Electronic SignatureAn electronic signature that uses a digital certificate issued under the Brazilian Public Key Infrastructure (ICP-Brasil), as defined by law.
- Qualifying PeriodMinimum number of monthly contributions the insured person must have paid to qualify for a particular benefit. As a rule, 180 contributions are required for old-age retirement. Some benefits, such as…
- Qualitative Risk AssessmentProof of exposure through a description of the circumstances, sources, routes of absorption, intensity, frequency, and duration of contact with the agent.
- Quantitative Risk AssessmentMeasurement of exposure to a health-harming agent using numerical criteria, to determine whether the tolerance limits set by the Regulation have been exceeded.
- Quantity DefectA discrepancy between the actual quantity of a product and the quantity stated, taking into account the variations and tolerances allowed by law.
R
- Raising the Per Capita Family Income LimitThe regulation may raise the benefit's income limit in graduated tiers, taking into account the degree of disability, dependence on other people, and health-related expenses.
- Reaffirmation of the DERReaffirmation of the DER means moving the application date to a later point, when the insured person comes to meet all the requirements for the benefit. As a result, a…
- Real estate development (*incorporação imobiliária*)The activity of promoting and carrying out the construction of a building made up of individual units, for sale in whole or in part, before or during construction.
- Real Estate RegistrationThe recording of acts and transactions involving real property, which produces legal effects as provided by law. Certain transfers depend on it to pass ownership.
- Real Estate Transfer Tax (ITBI)A municipal tax on certain inter vivos transfers of real estate and rights related to it, as provided in the Brazilian Constitution.
- Reappearance of the Insured PersonThe return of an insured person who was presumed dead, which immediately ends the survivor's pension payments without requiring the dependents to repay what they received, unless they acted in bad faith.
- ReassignmentReturn of a tenured public employee to the position previously held, in two typical situations: when the employee fails the probationary period for another position assumed, or when the prior position is returned to a…
- RecallA public notice issued by the supplier to repair or replace products already sold that pose a risk to health or safety. Very common for vehicles and household appliances, it must…
- Receipt of Payment (*Quitação*)The written proof of payment that a debtor is entitled to receive. Until the creditor hands over this document, the debtor may withhold payment.
- Reciprocal ImmunityConstitutional protection against certain taxes among the federal entities (the Union, the states, the Federal District, and the municipalities), subject to the scope and exceptions set out in the Constitution.
- Reciprocal Service CreditReciprocal service credit is the ability to combine contribution periods completed in public service and in the private sector, using periods under different systems for the same benefit. To do so, time…
- Reciprocal Sucumbência (Shared Liability for Litigation Costs)The proportional division of litigation expenses between the parties when each wins in part and loses in part, unless one party's loss is minimal.
- Reciprocity Required of States and MunicipalitiesA condition for counting state or municipal public servant service time with the INSS (Brazil's National Social Security Institute), which depends on a law enacted by the state or municipality itself guaranteeing that time will be recognized in the opposite direction.
- Reclaiming the Property for Your Own UseA ground that allows a landlord to take back a property under a lease that has been extended for an indefinite term, for use by the landlord, a spouse, a partner, or a parent or descendant who has no residential property of their own.
- Record of Processing OperationsDocumentation of processing activities kept by the controller and the operator, especially when the legal basis relied on is legitimate interest.
- RecordationThe act of recording and recognizing, with the INSS (Brazil's National Social Security Institute), periods of employment or contributions that were not correctly reflected in its records. It allows documented periods of service to be included in the insured person's history. It…
- Recording Special-Conditions Time in the Contribution CertificateTime recognized as special-conditions service by the original social security system, which must appear in the day-by-day contribution certificate, without conversion, in order to qualify you for a special retirement pension.
- Recourse Action for Safety NegligenceA lawsuit the Social Security system brings against those who failed to follow workplace safety and hygiene rules, without relieving the company of its civil liability.
- Recovery benefit (MER)The recovery benefit is an amount paid for a limited period to an insured person who was receiving permanent disability retirement benefits and regained the ability to work. Rather than…
- Recovery of Unduly Charged Consumer Payments (<em>Repetição do Indébito</em>)Refund of an amount paid in error, doubled where the law provides, unless the charge resulted from a justifiable mistake.
- Recurso Inominado (Appeal from Small Claims Court Judgment)An appeal against a Special Court judgment, decided by a panel of three first-instance judges. It does not suspend the judgment unless there is a risk of irreparable harm.
- Redoing the ServiceHaving an inadequate service performed again, at no additional charge where applicable, under the conditions set by law.
- Reduced Night HourA method of counting night work in which each hour is worth less than sixty minutes, so that the workday is completed in less clock time.
- Reduced Requirements for TeachersA five-year reduction in the contribution time and age required under the transition rules, plus a lower points requirement, for those who can prove they worked exclusively as teachers in basic education.
- Reduced Waiting Period for Premature BirthA reduction in the number of contributions required for maternity pay (*salário-maternidade*), equal to the number of months by which the birth was premature.
- Reduction of a Penalty ClauseA judge's power to reduce a contractual penalty when the obligation has been partly performed or when the amount of the penalty is manifestly excessive.
- Refund of Improperly Paid TaxesRecovery of amounts paid in error or in excess, in the cases and through the procedures set out in law.
- Refund of the Purchase Price to the ConsumerReturn of the amount paid when warranted by a defect, a failure to honor an offer, or another cause recognized by law, with monetary adjustment under the applicable rules.
- Refund When You Exercise the Right of WithdrawalGetting back the amounts you paid during the cooling-off period when you properly exercise your right of withdrawal as a consumer.
- Refusing Medical Treatment That Carries a Risk to LifeThe right not to be forced to undergo medical treatment or surgery that puts your life at risk.
- Regaining Insured StatusHow someone who starts contributing again after losing insured status regains it. For self-employed and optional contributors, only contributions paid on time after the new payment count toward the grace period.
- Regime Próprio de Previdência Social (RPPS)The pension system run by a Brazilian public entity that guarantees its career civil servants at least retirement and survivor benefits, keeping them out of the General Social Security Regime.
- Registration in the Active Debt Roll (*inscrição em dívida ativa*)The act of recording and registering a debt for collection, with the identification and legal-basis requirements set by law.
- Regular In-Kind Benefits Received as Part of PayRegular benefits an employer gives an employee in goods or services rather than cash. They are treated as part of salary for purposes of Social Security contributions and affect benefits, as provided by law.
- ReinstatementReturn of a tenured public employee to the position from which they were dismissed, when the dismissal is found unlawful in an administrative or judicial decision. Upon reinstatement, the public employee returns to their duties and is…
- Related Credit Contract (*Contrato Conexo de Crédito*)Financing tied to the purchase of a product or service under the conditions set by law, with specific effects between the contracts.
- Relative incapacityThe legal status of a person who may carry out acts of civil life only with assistance, such as someone at least sixteen but under eighteen years old, a habitual drunkard, and a spendthrift.
- Relative JurisdictionJurisdiction determined by the amount in controversy and by territory, which the parties may change by agreeing on a forum and which is extended if the defendant does not raise it in the answer.
- Reliance on Others for Daily Living ActivitiesThe need for another person's help with basic everyday tasks, a factor considered when expanding the income criterion for the older adult benefit.
- Remessa necessária (Mandatory Court Review)Mandatory review by an appellate court of a judgment issued against public entities, which takes effect only after it is confirmed.
- Removal of a Service Credit Endorsement (*Desaverbação*)*Desaverbação* is the act of undoing the registration of a period of contribution time that had been credited, or "endorsed," toward a particular benefit or system. It can be useful when the…
- Removal of Imminent DangerDamaging another person's property or injuring a person to avert immediate danger is lawful when absolutely necessary, but the injured party who is not at fault is entitled to compensation.
- Renegotiating Consumer DebtsA procedure for reorganizing debts covered by Brazil's over-indebtedness regime, with creditor participation and statutory requirements.
- Renewal Action for Commercial LeasesA lawsuit a commercial tenant files to renew the lease for the same term, provided the tenant meets three requirements: a written contract, five years of tenancy, and three years in the same line of business.
- Repeal of a LawThe end of a statute's legal force when a later statute displaces it in the cases the law provides for. A repeal may reach the entire statute or only part of it.
- Replacement of an In-Network ProviderSwapping a hospital, clinic, or professional in a health plan's network is allowed if the new provider is equivalent and beneficiaries get thirty days' notice, with protection for anyone who is hospitalized.
- Replacement PartsComponents that manufacturers and importers are legally required to keep available, including after production ends, for the applicable period.
- Replacing a Defective ProductDelivery of a different, suitable product is one of the legal remedies for a defect, provided the requirements for that remedy are met.
- Reply to the Defense (Réplica)The plaintiff's response to the defenses raised and the documents submitted in the defendant's answer, which the plaintiff must be given a chance to address.
- Reproduction of a Digital WorkCopying a work in electronic form, subject to copyright and to the applicable legal authorizations or exceptions.
- Request for a New Medical Evaluation by the RetireeA request for a new medical evaluation filed by a person receiving a permanent disability retirement benefit who believes he or she is fit to return to work.
- Request for Access to InformationAn identified request for public information that, under the law, does not require you to state your reasons.
- Request for Additional Information (Carta de Exigência)A notice in which INSS (Brazil's National Social Security Institute) asks the applicant for missing documents or information before it decides a benefit or service request.
- Request for ExtensionA request by the insured person to extend a disability benefit when the period granted for recovery proves insufficient, in the manner established by INSS (Brazil's National Social Security Institute).
- Request for Review of an Appellate Decision (Pedido de Revisão de Acórdão)A request addressed to the board or panel that decided the appeal. It is not an appeal in nature and, for that reason, does not suspend compliance with the decision.
- Required Clauses in Public ContractsMandatory provisions on subject matter, performance, price, rights, responsibilities, and other matters set by law.
- Res Judicata (*Coisa Julgada*)The stability of a judgment on the merits that can no longer be challenged by appeal, within limits set by law.
- Reserve List (*Cadastro de Reserva*)A list of candidates who pass a public-service exam but finish beyond the number of positions offered, created to meet future needs while the exam remains valid. If you are on the reserve list, you have an expectation of being appointed…
- Residence in a Long-Term Care FacilityAn older adult or person with a disability living in a shelter or care facility does not lose the right to the assistance benefit.
- ResignationVoluntarily leaving a job by notifying the employer within the legally required notice period. If you fail to give that notice, the employer may deduct from your pay the wages corresponding to the notice period.
- Responsible LendingConduct that requires giving the consumer clear information and assessing the consumer's financial circumstances, in keeping with the legal duties to prevent excessive indebtedness.
- Rest Period Between Shifts (*Intervalo Interjornada*)The minimum, uninterrupted rest period between the end of one workday and the start of the next, set by law so that workers can recover.
- Restrictions on Electronic OffersAny limitation on the use of an offer must be disclosed clearly, prominently, and in a way the consumer can easily see.
- Restrictive-Rights Penalty (Alternative Sentence)An alternative sanction provided for by law that can replace a prison sentence when the legal requirements are met.
- Retention of Access LogsHow certain application providers must keep access logs under the law, while protecting their confidentiality.
- Retention of Connection LogsThe responsible party must keep connection logs confidential and secure, for the period and under the conditions set by law.
- Retention of Personal DataData may be kept after processing ends only in the situations the law allows, such as a legal obligation or the regular exercise of rights.
- Retiree Who Returns to WorkThe situation of a person who, already retired, goes back to work in an activity covered by the General Social Security Regime (Regime Geral) and therefore becomes a mandatory insured person, with contributions owed.
- Retirement Based on Contribution TimeA benefit that considered the insured person's total contribution time, with no minimum-age requirement. It was eliminated for new insured persons by the 2019 reform, but remains available through…
- Retirement Based on Requirements Met Before Constitutional Amendment 103/2019Guarantees that insured workers who had already met all requirements before the reform can be granted retirement at any time, under the rules in force on that date.
- Retirement Benefit Calculation CoefficientThe percentage applied to the average of your contributions. It starts at a base level and increases with each year of contributions beyond the minimum contribution period set by the pension reform.
- Retirement Benefits for Persons with DisabilitiesThese retirement benefits have more favorable rules for insured persons with disabilities and recognize the barriers they face throughout their working lives. Depending on the degree of disability, mild, moderate, or severe, they…
- Retirement by AgeA benefit payable to insured persons who reach the required minimum age and satisfy the contribution waiting period. After pension reform, it requires age 65 for men and 62 for…
- Retirement by Age and Contribution Time (Aposentadoria Programada)A benefit owed to insured workers who reach the age and contribution time required by the rules in force after the Social Security reform, once the grace period is met.
- Retirement Requested by the EmployerA request for old-age retirement made by the employer when the employee has met the contribution requirement and reached the legal age, in which case labor severance compensation is owed.
- Return of a Retiree to WorkThe status of a person who, already retired under the General Social Security Regime (RGPS), goes back to work in an activity covered by that regime and becomes a mandatory insured person again, subject to contributions.
- Revenue WaiverThe granting, expansion, or extension of a tax benefit that reduces tax collection. It is allowed only with an estimate of the budgetary impact and either an offsetting increase in revenue or proof that the measure is revenue-neutral.
- Reversal of RetirementReturn of a retired public servant to active duty, either when the grounds for disability retirement no longer exist, following a new evaluation, or in the interest of the Administration, under the conditions provided by law. It differs…
- Reversal of the burden of proofThis rule allows the judge to shift to the supplier the duty to prove the facts at issue when the consumer’s allegation is plausible or the consumer is technically vulnerable.…
- Reversal of the Burden of Proof in Consumer CasesA court's reallocation of the burden of proof in the consumer's favor when the legal requirements are met. It is not automatic in every lawsuit.
- Reversion of a Dependent’s Share When Their Right EndsTransfer of the share of a dependent whose right has ended to the dependents who continue to receive the benefit left by the deceased insured person.
- Review of an Administrative SanctionReexamination of a disciplinary proceeding in light of new facts or relevant circumstances, without increasing the sanction under the federal statute.
- Review of Automated DecisionsThe right to request review of a decision made solely through automated processing of personal data that affects the data subject's interests.
- Review of the Tax AssessmentReexamination of a tax assessment in the cases the law allows, subject to the applicable time limits and rules on amendment.
- Revocation of ConsentThe data subject's withdrawal of authorization for the processing of personal data, through a free and simple procedure, subject to the legal effects on prior processing operations.
- RGPS (Brazil’s General Social Security Regime)A mandatory, contributory social security system that covers incapacity for work, old age, maternity, involuntary unemployment, and the death of the insured person.
- Right of Recourse Against the Person Who Caused the HarmThe right of someone who paid compensation to recover that amount from the person who actually caused the harm, unless the person who caused it is the payer's minor or legally incapable descendant.
- Right of replyThe right to respond, in proportion to the harm suffered, to an offensive statement, without prejudice to compensation for material damage, moral damage, or damage to one's image.
- Right of withdrawalIt is the option to cancel a purchase made outside a physical store, such as online, by telephone, or through a catalog, within seven days of receiving the product or signing the contract. You…
- Right of Withdrawal in Online PurchasesHow to exercise your right of withdrawal through the seller's own ordering tools or other effective means, with confirmation of receipt.
- RMIThe Initial Monthly Benefit Amount is the value of the benefit when it is granted. It results from applying a percentage to the benefit calculation wage, according to the type of benefit…
- Rubber Tapper and Plant ExtractivistA worker who sustainably gathers and extracts renewable natural resources and makes this activity their main livelihood, classified as a special insured person.
- Rural Land Property TaxA federal tax on rural land property, with its basis and conditions set out in the Constitution and in legislation.
- Rural Work Before November 1991Time spent working in the countryside that does not count toward the minimum number of contributions required for benefits under the Regime Geral de Previdência Social (Brazil's General Social Security System).
- Rural Work Performed Before Law 8.213/1991Rural work performed before Law 8.213/1991 took effect counts as time of service even if no contributions were paid, except for purposes of the grace period.
- Rural Work Time Carried Over to a Public Servant Pension SystemRural work performed before November 1991 can be counted in a public servant pension system (*regime próprio*) only if you pay back the contributions for that period.
S
- SAC (Customer Service Line)This is the channel that companies providing regulated services must maintain to receive consumers' questions, complaints, cancellation requests, and other requests. It must be free of charge, accessible, and available without requiring the purchase of…
- SalaryCompensation an employer owes for work performed, with its components and effects defined by Brazilian labor law.
- Salary Increase Disregarded in the CalculationExclusion from the benefit base of any salary increase granted beyond the legal limit in the previous thirty-six months, unless it resulted from a regular promotion, a category-wide adjustment, or a court decision.
- Scheduled Discharge (*Alta Programada*)Scheduled discharge (*alta programada*) is the practice of INSS (Brazil's National Social Security Institute) setting an expected end date for a temporary disability benefit at the moment it is granted, with no automatic new medical examination…
- Second-Class DependentThe class of dependents made up of the insured person's parents. They are entitled to benefits only when there is no first-class dependent, and only if they prove economic dependence.
- Secure Payment in E-CommerceA seller's duty to use effective security measures when processing payments and handling consumers' personal data.
- Securing a Tax Enforcement ActionA way to secure the collection of a tax debt through a cash deposit, bank guarantee, insurance bond, or assets, in the cases provided for by law.
- Security Incident NotificationNotice to the authority and to data subjects when an incident may cause a relevant risk or harm, as provided by the applicable regulations.
- Security of Personal DataAdopting technical and administrative measures that protect data against unauthorized access, loss, alteration, and other unlawful operations.
- Segregated Estate Regime (*Patrimônio de Afetação*)A regime that keeps the land and assets of a real estate development separate from the developer's own assets, so that they answer only for the debts of that particular project.
- Selective Tax (Imposto Seletivo)A federal tax established by the Brazilian Constitution on goods and services that are harmful to health or the environment, as set out in the implementing legislation.
- Self-Declaration by Special Insured PersonsA statement made by rural workers themselves about their time working in agriculture, which must be ratified by an accredited public entity for older periods.
- Self-Defense (<em>Legítima Defesa</em>)A response to an unjust attack that is happening or about to happen, using necessary means in a moderate way to protect your own rights or the rights of another person.
- Self-Sponsorship (*Autopatrocínio*)The option for a plan participant who loses part or all of their pay to keep making their own contributions, as well as the sponsor's, in order to preserve the level of the plan's benefits.
- Sensitive Personal DataData about racial or ethnic origin, religion, political views, labor union membership, health, sex life, genetics, or biometrics linked to a natural person.
- Sentencing Calculation (Dosimetria da Pena)The judge's setting of the sentence based on the defendant's degree of culpability, criminal record, social conduct, personality, motives, the circumstances of the crime, and the victim's behavior.
- Separation of Bodies (*Separação de Corpos*)A court order a judge grants quickly, before a divorce, annulment, or stable union dissolution lawsuit is filed, to a person who can show a need to end cohabitation.
- Service DefectA shortcoming in how a service is performed that undermines its result, its value, or its match with what was offered, under the conditions set by law.
- Service of Process (Citação Judicial)The act that summons a defendant, a debtor in an enforcement proceeding, or an interested party to join a lawsuit, in accordance with the rules set by law.
- Service SafetyProtection against undue risks in the provision of a service, assessed according to how the service is performed, its results, and the circumstances.
- Service Unfit for ConsumptionA service that fails to serve the purposes a consumer could reasonably expect, or that falls short of quality standards, as defined by law.
- Service-Related Accident (Fato do Serviço)A safety defect in the provision of a service that causes harm and triggers the rules holding the supplier liable.
- Services in a Consumer RelationshipAny activity offered in the marketplace for payment, including the cases the law specifically covers, but excluding employment relationships.
- Services Performed Without the Consumer’s AuthorizationPerforming work without a written estimate and the consumer's express authorization when these are required, except in the cases the law allows.
- Set-Off of DebtsThe mutual extinction of obligations between two people who are each other's creditor and debtor at the same time, up to the point where the amounts match.
- Severance Pay (*Verbas Rescisórias*)The amounts your employer must pay when your employment contract ends, along with the notation in your work record booklet and notice of the dismissal to the competent agencies, within the legal deadline.
- Severance Payment for Early Dismissal Under a Fixed-Term ContractPayment owed to an employee dismissed without cause before a fixed-term contract ends, equal to half of the pay the employee would have received through the contract's end date.
- Sexual Harassment in the WorkplaceSexual advances that make a worker uncomfortable and violate interests protected by law, such as honor, privacy, and physical integrity, creating a duty to compensate for the harm.
- Share CapitalThe total value of the contributions the partners commit to the company, as set out in its formation documents and under the law.
- Share of Family Budget Spent on Health CareThe portion of a family's budget spent on treatments, medications, diapers, and special foods that the government does not provide, which is taken into account when expanding the income limit.
- Shared Use of DataThe communication, interconnection, or shared processing of personal data databases, subject to the purpose and conditions set by law.
- Shareholder Withdrawal RightThe right of a shareholder who disagrees with certain shareholder meeting decisions to leave the company and receive a refund of the value of their shares, subject to the exceptions provided by law.
- Shareholders’ AgreementAn arrangement among shareholders on the purchase and sale of shares, the right of first refusal to acquire them, the exercise of voting rights, or the power of control, which binds the company once it is filed at its headquarters.
- Short-Term Seasonal RentalRental of a property for temporary residence, for reasons such as leisure, a course of study, medical treatment, or construction work, under a contract of no more than ninety days.
- Simple Electronic SignatureA form of electronic signature that identifies the signatory and links the signatory's data to other electronic data.
- Simple partnership (*sociedade simples*)A company whose purpose is not an activity proper to a business owner required to register with the commercial registry, a category that the law also extends to cooperatives.
- Simulation (*Simulação*)An apparent transaction that conceals another or states something untrue. The simulated transaction is void, and the concealed one remains valid if it is proper in substance and form.
- Single Rental GuaranteeA rule allowing only one guarantee per lease agreement, chosen from among a security deposit, a personal guarantor, rental guarantee insurance, and a fiduciary assignment of investment fund shares, on pain of nullity.
- Social AssistanceA social security policy that requires no contributions and provides basic social minimums through public and community actions to meet citizens' essential needs.
- Social assistance service (*serviço socioassistencial*)An ongoing social assistance activity aimed at meeting the population's basic needs, organized according to the objectives, principles, and guidelines set out in the law.
- Social assistance surveillanceAn objective of Brazil's social assistance system: to analyze, by territory, families' capacity to protect their members and the occurrence of vulnerabilities and harms.
- Social ContributionA tax earmarked to fund the social purposes defined in the Constitution, and subject to the constitutional rules that govern it.
- Social Security FactorA calculation formula that considers the insured person's age, contribution period, and life expectancy on the retirement date. It may reduce or increase the benefit amount, encouraging…
- Social Security Protection After Military ServiceInsured status is preserved for three months after discharge for anyone who was drafted or enlisted into the Armed Forces to perform military service.
- Social Security Protection After Release from CustodyYou keep your status as an insured person for twelve months after release if you were detained or imprisoned, even without making new contributions.
- Social Security Time Limits and Statutes of LimitationsLegal doctrines that limit the time to review benefits and collect past-due amounts. The time limit generally affects the right to request a review of the benefit-award decision after a certain period. The…
- Sociedade de economia mista (Mixed-Capital Public Company)A privately governed entity organized as a corporation, in which the government holds control over the majority of the voting shares, as provided by law.
- Sociedade em conta de participação (Silent Partnership)A business arrangement in which only the managing partner (*sócio ostensivo*) carries out the activity, in his or her own name and with sole liability to third parties, while the participating partner (*sócio participante*) is entitled only to the results.
- Software LicenseAn instrument that sets the conditions for using a computer program, in accordance with the law and the valid terms of the license.
- Sole custodyAn arrangement in which only one parent is responsible for custody of the child, while the other has visitation rights and the duty to monitor and contribute to the child’s support.…
- Special Appeal (Recurso Especial)An appeal to the Superior Tribunal de Justiça (Brazil's Superior Court of Justice) in the situations the Constitution authorizes, involving questions of federal law below the constitutional level.
- Special contribution periodA period during which a worker performed work while exposed to agents harmful to health, calculated differently. It may qualify the worker for special retirement or, in certain cases, be converted…
- Special insured personA rural worker engaged in activities under a family-based economic arrangement, such as family farmers, artisanal fishers, and Indigenous people. Has specific rules for contributions and proving rural work. May qualify for…
- Special Insured Registration (Cadastro do Segurado Especial)The record from which INSS (Brazil's National Social Security Institute) draws its proof that you work in rural activity and hold special insured status, for both the worker and the worker's family group.
- Special Retirement BenefitA benefit for insured individuals who worked while exposed to health hazards, such as noise, heat, or chemicals. It requires proof of habitual and permanent exposure through technical documentation. After…
- Special Retirement RequirementsA constitutional exception that allows an age and contribution period different from the general rule, set by complementary law, only for people with disabilities and for those exposed to harmful agents.
- Special Rural *Usucapião* (Adverse Possession of Rural Land)Acquiring ownership of rural land of up to fifty hectares that you have possessed for five years, made productive through your family's work and used as your home.
- Special Urban Adverse Possession (*Usucapião Especial Urbana*)Acquisition of ownership of an urban area of up to two hundred fifty square meters, held for five years as one's home by a person who owns no other real estate.
- Special work based on biological agentsIt is the recognition of special work time for people who work exposed to harmful biological agents, such as microorganisms and contaminated materials, a common situation in hospitals, laboratories, and cleaning…
- Specialized Support for Families and IndividualsA specialized social protection service that supports, guides, and follows up with families and individuals whose rights are threatened or have been violated, in coordination with other public policies.
- Specific Performance in Consumer Cases (*Tutela Específica*)A court order aimed at compelling a party to perform an obligation, or to deliver an equivalent result, under Brazilian consumer protection rules.
- Spousal consent (*outorga conjugal*)The consent one spouse must obtain from the other, except under a regime of absolute separation of property, to sell or encumber real estate, to act as a guarantor or endorse a debt, and to give away jointly owned property.
- Stabilization of Advance ReliefThe effect that preserves preliminary advance relief and ends the case when no appeal is filed against the decision that granted it.
- Stable unionA public, continuous, and lasting relationship between two people who intend to form a family, without the need for a formal marriage. It creates rights and obligations similar to those of marriage, such as support…
- Stalking in the Digital EnvironmentRepeated harassment carried out through digital means that invades or disrupts a person's freedom or privacy, under the conditions set out in the criminal statute.
- Standing to File an AppealThe capacity to appeal in the administrative process, recognized for a party to the proceeding, for anyone indirectly affected by the decision, and for representative organizations.
- Standing to Sue (Legitimidade Processual)Whether a person is the proper party to argue the claim being brought, based on the legal relationship at issue and the law.
- Standing to Sue: Procedural Interest (Interesse Processual)The need for, and usefulness of, the judicial relief being sought, which are required to bring a claim in court.
- State of Necessity (Estado de Perigo)Assuming an excessively burdensome obligation because you are pressed by the need to save yourself or a family member from a serious harm that the other party knows about, and so you accept the deal.
- State-Owned Enterprise (Empresa Pública)An entity organized under private law and funded with public capital, whose creation requires authorization by statute.
- Statute of LimitationsA statute of limitations is the loss of the right to seek payment through the courts because time has passed, when the holder remains inactive and fails to act within the deadline established by…
- Statute of Limitations for Consumer AccidentsThe time limit for seeking compensation for damages caused by a defective product or service, counted under the legal deadline from the date you learn of the harm and who caused it.
- Statute of Limitations in Labor ClaimsThe loss of the right to claim unpaid labor credits after five years, limited to two years after the employment contract ends, though it does not apply to a request to have a record entered for proof before the Social Security system.
- Statute of Limitations on Enforcing a Sentence (Prescrição da Pretensão Executória)The loss of the State's power to enforce a sentence because time has passed since the conviction became final, with the period calculated from the sentence imposed and increased for repeat offenders.
- Statute of Limitations on the State’s Power to Prosecute (*Prescrição da Pretensão Punitiva*)The loss of the State's power to punish because time has run out before the conviction becomes final, with the limitation period calculated from the maximum prison sentence provided by law for the crime.
- Statutory Interest RateInterest set by law when it was not agreed upon, was agreed upon without a stated rate, or arises from a legal requirement.
- Statutory warrantyIt is the protection the law provides for every purchase, regardless of any contract, promise, or additional payment. It ensures that the consumer can make claims for apparent or hidden defects within…
- Stepchild Treated as a ChildA stepchild of the insured person's spouse or partner, who is admitted as a dependent on the same footing as the insured person's children when economic dependence on the deceased insured person is proven.
- Stepchildren and Wards Under Guardianship in the Family AllowanceStepchildren and minors under guardianship are included among the dependents who generate a share of the benefit, as long as economic dependence is proven.
- Stipulation in Favor of a Third PartyAn arrangement in which a benefit is promised to someone who is not a party to the contract. The beneficiary can demand performance if he or she agrees to the contract's terms.
- Strict liability for risky activitiesThe duty to repair harm without any inquiry into fault, imposed by law or on anyone who carries out an activity that, by its nature, creates a risk to other people's rights.
- Strict liability of the supplierThis is the rule under which the supplier is liable for harm caused to the consumer regardless of fault. It is enough to prove the defect, the harm, and the connection between them. There is…
- StrikeA collective, temporary, and peaceful work stoppage, total or partial, in which employees suspend the provision of services to their employer. The workers decide whether and when to exercise this right.
- Subdivision (Desmembramento)The division of a tract of land into lots intended for building, using the existing road system, without opening, extending, modifying, or widening public roads and thoroughfares.
- SublettingUse of a rented property by a third party under a contract with the tenant, which is valid only with the landlord's prior written consent.
- Subscription WarrantA negotiable security issued by a corporation that gives its holder the right to subscribe for shares of the company's capital stock. The holder exercises the right by presenting the instrument and paying the issue price.
- Subsequent Repentance (Reparation of Harm Before Charges)A sentence reduction for crimes committed without violence or serious threat against a person, when the offender voluntarily repairs the harm or returns the property before the formal criminal complaint is accepted by the court.
- Subsidiary Liability of a Legally Incapacitated PersonThe duty of a legally incapacitated person to pay for the harm they cause when those responsible for them are not obligated to do so or lack the means, with the amount set on an equitable basis.
- Substantial MistakeA material mistake about a transaction, one a person of ordinary diligence could have noticed, that allows the declaration of intent to be annulled.
- Successor Liability for a Business’s DebtsWhen you buy a business, you become responsible for its prior debts that were properly recorded in the accounting books, while the seller remains jointly and severally liable for the period set by law.
- Sucumbential Fees (Attorney’s Fees Awarded to the Prevailing Party)Fees that the losing party must pay to the prevailing party's lawyer, in the situations and according to the criteria established by law.
- Summary Dismissal of a Claim (Improcedência Liminar)Rejection of a claim at the very start of a lawsuit, before any evidence is taken and without serving the defendant, because it contradicts a binding precedent summary or a binding ruling of a higher court.
- Summary Judgment on the Merits (*Julgamento Antecipado do Mérito*)A judgment that decides the merits without a evidentiary phase, when no further evidence is needed or when the defendant is in default and does not request evidence.
- Supplemental Child Support (Complementation of Alimony)Calling on the next-closest relatives to share in the support obligation when the person primarily responsible cannot bear the entire burden alone.
- Supplementary Distribution of AssetsA new distribution of assets that were not included in the original division because they were unknown, located far away, concealed, or only discovered later. It applies to both inheritance and divorce. It…
- SupplierAny company or professional who manufactures, assembles, imports, distributes, or sells products, or provides services in the marketplace. A manufacturer, store, bank, health plan provider, and service provider are examples. As…
- Supplier Liability ExclusionsA legal circumstance that can relieve a supplier of liability for a defect, such as the absence of a defect or the sole fault of the consumer or a third party.
- Supplier’s Lack of Knowledge About the DefectA supplier's ignorance of a quality defect caused by unfitness for use does not remove the supplier's legal liability for the product or service.
- Surface Rights (*Direito de Superfície*)A real right granted to build or plant on land owned by another person, according to the title and the requirements set by law.
- Surgery Is OptionalA statutory exception that makes surgery and blood transfusions optional, so refusing them is not grounds for suspending a disability benefit.
- Survivor’s Pension Granted Without Waiting for Another DependentA rule that prevents delaying the death pension while waiting for another possible dependent to apply, so that anyone who has already applied receives their share right away.
- Survivor’s Pension in Cases of Death Caused by a Work Accident or Occupational DiseaseA situation in which death resulting from an accident of any kind or from an occupational disease waives the contribution requirements and the minimum length of the relationship for determining how long the pension lasts.
- Survivor’s PensionBenefit paid to the dependents of an insured person who dies, such as a spouse, partner, and minor children. It does not require a qualifying period, but depends on the deceased person’s insured status on the date of death, except…
- Suspension of Benefits Due to Suspected IrregularityPayment is stopped when a beneficiary who has been notified fails to submit a defense within the deadline, or when the institute finds the defense insufficient.
- Suspension of Data ProcessingA temporary administrative restriction on a data processing activity, where appropriate, subject to the procedure and limits set by law.
- Suspension of Parental AuthorityA court-ordered measure that temporarily removes a father or mother from the exercise of parental authority when he or she abuses that authority, fails to meet parental duties, or squanders the child's property.
- Suspension of Tax EnforceabilityA situation in which the tax debt continues to exist, but the government cannot collect it for as long as a legal ground for suspension remains in effect.
- Suspension of the Employment ContractA temporary halt to work and pay that does not end the employment relationship, as happens while an employee receives a sickness benefit from Brazil's social security system.
- Suspensive Effect of an Administrative AppealThe suspension of the effects of the decision under appeal, when the law provides for it or when it is granted under the conditions the law sets. It does not arise automatically from every appeal.
- Suspensive Effect of an AppealA rule that prevents a judgment from taking effect while an appeal is pending, with statutory exceptions such as an order to pay child support.
- Systematic Online IntimidationIntentional, repeated intimidation carried out or transmitted in a digital environment, known as cyberbullying, including the elements and limits of the criminal offense.
T
- TaxA compulsory payment established by law and collected through a bound administrative activity. It is not a penalty for an unlawful act.
- Tax (Imposto)A type of tax whose triggering event does not depend on any specific government activity directed at the taxpayer.
- Tax AmnestyLegal exclusion of a tax debt tied to violations covered by the benefit, within its limits and conditions.
- Tax AnalogyApplying the solution for a similar situation to fill a gap in the legislation, without resulting in a demand for a tax that the law does not provide for.
- Tax Assessment (*Lançamento Tributário*)The procedure that verifies the taxable event, determines the taxable base, calculates the amount owed, and identifies the taxpayer.
- Tax Assessment by Estimation (Arbitramento Tributário)The tax authority's determination of a value or price when documents or declarations are missing or cannot be trusted, subject to an adversarial appraisal.
- Tax Assessment Ratification (Homologação Tributária)The tax authority's approval of the taxpayer's self-assessment and advance payment, either express or resulting from the passage of time under the conditions set by law.
- Tax Asset GuaranteeThe subjection of a debtor's assets and income to payment of the tax debt, subject to the protections and exceptions expressly provided by law.
- Tax Audits and EnforcementThe activity of checking whether taxpayers are meeting their tax obligations, carried out with the powers and within the limits set by law.
- Tax Base (Base de Cálculo Tributária)The economic or quantitative amount to which the tax rate is applied to determine the amount of the tax, as provided by law.
- Tax Compliance in Public ProcurementA review of whether a bidder meets the tax, social security, and labor requirements the law sets for taking part in a public bidding process and being awarded a contract.
- Tax Compliance Status (*Regularidade Tributária*)A taxpayer's standing as compliant or in good order with the tax authorities, shown through the appropriate legal instruments. It does not necessarily mean that no tax debt exists at all.
- Tax CreditThe right to demand an amount arising from the principal tax obligation, established according to the rules of law.
- Tax Creditor (Active Party in a Tax Obligation)A legal entity governed by public law that holds the authority to demand performance of a tax obligation.
- Tax Debt Registered as Active Debt (Dívida Ativa Tributária)A tax credit properly registered as active debt after the payment deadline has passed or after a final administrative decision, in accordance with the requirements of the law.
- Tax Debt Settlement by Transfer of Real Property (<em>Dação em Pagamento</em>)Extinction of a tax debt by transferring real property to the government, in the manner and under the conditions set by law.
- Tax Decadence (Statute of Repose for Tax Assessment)The loss of the right to establish a tax credit because the applicable time limit has run out. The limit depends on the tax regime and the circumstances of the assessment.
- Tax DomicileThe place treated as your location for purposes of the tax relationship, determined either by the taxpayer's own choice or by the default rules set out in the law.
- Tax Enforcement Action (*Execução Fiscal*)A judicial proceeding to collect a debt that the Public Treasury has formally registered as owed to it, whether tax-related or not, under the applicable legislation.
- Tax Equality (*Isonomia Tributária*)A guarantee that taxpayers in equivalent situations receive equivalent treatment, with distinctions prohibited by the Constitution forbidden.
- Tax EquityA criterion for filling gaps in tax legislation that does not allow a tax that is due to be waived solely because the outcome seems unfair in a particular case.
- Tax ExemptionA benefit established by statute that excludes the tax credit under the conditions the statute sets out. It is not the same as constitutional immunity.
- Tax fee (taxa)A tax charged for the regular exercise of police power (the government's regulatory authority) or for a specific and divisible public service, under the conditions set by law.
- Tax ImmunityA constitutional limitation that bars taxation in protected situations; how far it reaches depends on the applicable constitutional provision.
- Tax Installment Plans (Parcelamento Tributário)Payment of a tax debt in installments under a specific law, which suspends the debt's enforceability as long as the applicable conditions are met.
- Tax Late-Payment InterestCharges added for late payment, calculated under the law and without replacing other legal consequences.
- Tax legislationThe body of laws, treaties, decrees, and supplementary rules that govern taxes and the legal relationships tied to them.
- Tax Liability by SuccessionThe duty to answer for tax debts when property is transferred, when a taxpayer dies, or when a business is succeeded, under the conditions set by law.
- Tax Liability for ViolationsThe framework for holding someone liable for violating tax legislation, subject to the general rules and the exceptions set out by law.
- Tax Liability of a Third Party (*Responsável Tributário*)A person who must fulfill a tax obligation because the law expressly says so, even though that person is not the taxpayer in the relationship at issue.
- Tax Moratorium (*Moratória Tributária*)A statutory extension of the deadline for meeting a tax obligation, granted under the conditions set out in Brazil's National Tax Code.
- Tax Offsetting (Compensação Tributária)The extinction of obligations by offsetting credits against debts, when authorized by law and the legal requirements are met.
- Tax on Financial Transactions (IOF)A federal tax that applies to credit, foreign exchange, insurance, and securities transactions under the conditions set by law.
- Tax on Goods and ServicesA tax created as part of Brazil's constitutional reform of consumption taxation, with a shared regime and implementation under statutory and transitional rules.
- Tax on Industrialized Products (IPI)A federal tax on transactions and situations involving industrialized products, as defined by law.
- Tax on Ownership of Motor VehiclesA state-level tax on motor vehicles, subject to the scope and exceptions set out in the Constitution and in statute.
- Tax on Services of Any Nature (ISS)A municipal tax on services defined by complementary law, subject to the rules on jurisdiction, exceptions, and when the tax applies.
- Tax on the Circulation of Goods and ServicesA state tax on the transactions and services listed in the Constitution, with specific rules for goods, transportation, and communication.
- Tax PaymentPerformance of a monetary obligation within the time, at the place, and under the conditions set by law, with effects on the corresponding tax credit.
- Tax PenaltyA monetary penalty imposed for violating tax legislation. It is distinct from the tax itself.
- Tax Preliminary Injunction (*Liminar Tributária*)A provisional court order that can suspend the enforceability of a tax debt when granted in the circumstances the law provides.
- Tax ProgressivityThe use of rates or criteria that increase the tax burden as the tax base grows, or according to another condition authorized by the Constitution.
- Tax RateThe percentage or fixed amount used to calculate a tax on its base, subject to the statutory-reservation principle and the constitutional exceptions.
- Tax Registry (*Cadastro Tributário*)A record the tax authorities use to identify taxpayers and monitor their obligations under the applicable tax legislation.
- Tax RemissionFull or partial forgiveness of a tax debt under conditions authorized by law. It is not the same as a simple extension of the payment deadline.
- Tax SecrecyProtection of the information the tax authorities obtain about a taxpayer's economic or financial situation and business affairs, subject to exceptions set by law.
- Tax SelectivityThe grading of taxation according to criteria such as essentiality, within the taxes and limits set by the Constitution.
- Tax Settlement (Transação Tributária)An agreement authorized by law to resolve a dispute and extinguish a tax credit, subject to the conditions and authority the law sets out.
- Tax Statute of Limitations (Prescrição Tributária)The loss of the right to sue to collect a tax credit because the legal time limit has run out, taking into account the events that interrupt that period.
- Tax Whose Burden Can Be Passed On to Another PartyA tax whose financial burden can be passed on to a third party. Refunds of this kind of tax are subject to special conditions: proof that the taxpayer bore the burden, or authorization from the person who did.
- Taxable Event (Fato Gerador)A situation defined by law that, once it occurs, gives rise to the principal tax obligation or the corresponding ancillary duty.
- Taxing Power (Competência Tributária)The power the Constitution gives a level of government to create taxes, within the limits it sets.
- Taxpayer (Contribuinte Tributário)The party liable for a tax who has a personal and direct relationship with the situation that constitutes the taxable event giving rise to the obligation.
- Taxpayer (Tax Liability: The Obligated Party)A person required to pay a tax or penalty, or to comply with tax duties set out in the law.
- Teachers’ Retirement BenefitsThese retirement benefits have reduced eligibility requirements for teachers who can prove they worked exclusively in teaching roles in basic education, such as daycare, elementary, and high school. The reduction…
- Technical QualificationProof of the technical and professional capability required to perform the subject matter of a public procurement contract.
- Technical Score and PriceA selection criterion that combines technical evaluation and price, using a weighting set out in the bid notice and applied only in the cases the law allows.
- Telemedicine Medical ExaminationA remote medical evaluation, or one based on a review of documents, allowed to verify incapacity in the situations and under the requirements set out in regulations.
- Telework (Remote Work)Work performed outside the employer's premises using information and communication technologies, which by its nature is not the same as external work.
- Temporary Disability BenefitA benefit, known as sickness benefit, payable to an insured person who is temporarily unable to work due to illness or an accident. As a rule, it requires a qualifying period and proof of disability through a medical examination.…
- Temporary Suspension of a Dependent’s Share Based on Evidence of HomicideA measure that suspends the share of a dependent who is indicated by evidence as having taken part in the homicide of the insured person, with the right to receive the unpaid installments with adjustments if the dependent is acquitted.
- Tempus regit actumThe principle that a benefit is governed by the rules in force on the date you met the requirements, not by a law that comes later.
- Termination for Breach of ContractThe injured party's right to terminate a breached contract, or to demand its performance, with compensation for losses and damages in either case.
- Termination for Cause (Justa Causa) Under Brazilian Labor LawA legally defined reason that can justify ending an employment contract, based on an analysis of the employee's conduct and the applicable requirements.
- Termination of Administrative ContractsHow a contract ends for the reasons and in the ways the law provides, with respect for the right to defend oneself and the consequences that follow.
- Termination of Benefits for Failure to AppealPermanent termination of a benefit that has already been suspended, when the beneficiary lets the thirty-day deadline pass to appeal the decision that ordered the suspension.
- Termination of Parental AuthorityParental authority ends upon the death of the parents or the child, when the child reaches the age of majority, upon emancipation, through adoption, or by court decision.
- Termination of Special Retirement Due to Continued WorkSuspension of the benefit for a person who stays in, or returns to, work involving exposure to the harmful agents on the official list, at any company or under any type of employment arrangement.
- Termination of Support Payments (Alimony)When the duty to pay support ends: the recipient marries, enters a stable union or a concubinage relationship, or behaves in an unworthy manner toward the person paying.
- Termination of the Administrative ProceedingThe closing of a proceeding in the situations the law provides for, such as when it has fulfilled its purpose or when its subject matter can no longer be pursued.
- Termination of the Employment Contract by Mutual AgreementAn employee and employer agree to end the employment contract. The employee receives prior notice paid in lieu (indemnified), half of the FGTS (Brazil's Severance Indemnity Fund) penalty, and all other severance amounts in full, but no unemployment insurance.
- Termination of the Family AllowanceAutomatic loss of the right to the allowance quotas upon the death of the dependent, when the dependent reaches the age limit, when a disabled dependent regains capacity, or when the insured person becomes unemployed.
- Terms of ReferenceA document that sets the parameters for contracting goods and services, including the scope, requirements, performance, and measurement criteria.
- Testamentary guardianshipThe appointment of a guardian made jointly by both parents, which must appear in a will or another authentic document to take effect after their death.
- The “Whole-Life Review” (Revisão da Vida Toda)The STF (Brazil's Supreme Federal Court) has overturned the whole-life review as a general theory for recalculating benefits. Pending cases, prior rulings and past payments require an individual analysis based on the court's modulation of effects and the specifics of each case.
- The 100% Toll RuleA transition rule that requires a minimum age, a minimum contribution period, and an additional period equal to all the time you were still missing on the date of the Social Security reform.
- The 12-by-36 Work ScheduleA schedule of twelve consecutive hours of work followed by thirty-six hours of rest, permitted by a written individual agreement or by collective bargaining, with breaks either observed or paid as compensation.
- The 50% Toll RuleA transition rule open to workers who, on the date of the reform, were less than two years away from the minimum contribution time and who agree to work through half of the time they still had left.
- The 90-Day Window to Apply for RetirementThe ninety-day period after leaving a job during which an employee's application for an age-based retirement benefit makes the benefit effective from the date of termination, rather than the date of the application.
- The Administration’s Duty to DecideThe obligation to issue an explicit decision in the proceedings and requests that fall within its authority.
- The best interest of the child in data protectionA standard requiring that a child's rights and protection come first in any decision about how the child's personal information is processed.
- The Constitutional Ban on Confiscatory TaxationA constitutional limit that bars the use of a tax with a confiscatory effect. Whether it applies depends on a legal analysis of the charge.
- The Fake Employee ScamThis is a fraud in which a criminal poses as an employee of a bank, store, or phone carrier to get the victim's passwords, card details, or money transfers. Scammers often use phone calls, messages…
- The First Fifteen Days of LeaveThe initial period of absence due to incapacity, during which the employer pays the employee's salary, before the social security benefit becomes payable.
- The General Rule After the Social Security ReformA minimum age and a minimum contribution period required of anyone who joined the General Regime after the reform, with no access to any transition rule.
- The Merchant’s Liability for Product DefectsWhen a merchant can be held liable for consumer accidents, in the specific situations set out by Brazilian law.
- The Most Favorable BenefitThe right of someone who met the requirements for retirement and kept working to receive the pension under the rules in effect on the date they met them, when that produces a better result.
- The Principle of Tax LegalityA law is required to create or increase a tax, subject to the exceptions and conditions set out in the Constitution.
- The Right to a NameThe right of every person to have a name of their own, which includes both a given name and a surname, with protection against improper use by third parties.
- The Right to Know Your Biological OriginsAn adopted person's right to know their biological origins and to access the adoption file without restriction. The right is guaranteed to anyone over eighteen and, upon request, to younger adoptees as well.
- The Right to Your Image on the InternetLegal protection of a person's image against improper use or disclosure in digital environments, taking into account the conditions and rights involved.
- The social function of propertyThe requirement that property rights be exercised in line with their economic and social purposes, while preserving flora, fauna, natural beauty, and ecological balance.
- The Twelve-Contribution Waiting Period for Disability BenefitsThe minimum number of monthly contributions required for temporary disability benefits and permanent disability retirement, except in cases where the law waives the requirement.
- The Year-End Bonus Left Out of the Benefit AverageA rule that keeps the 13th-month salary (*gratificação natalina*) out of the average used to calculate the benefit, even though the employee's other regular earnings are counted.
- Third-Class DependentA class of dependents made up of a brother or sister who is not emancipated and is under twenty-one years of age, or who is disabled or has a disability, and who receives benefits only when there are no dependents in the prior classes and only upon proof of dependence.
- Third-Party Tax LiabilityLiability of persons named in the law for acts or omissions connected to a tax obligation, limited to the specific situations the law provides.
- Thirteenth-Month Salary in the Contribution BaseThe Christmas bonus (*gratificação natalina*, or thirteenth-month salary) counts toward the contribution salary, and the contribution is calculated separately when the last installment is paid or when the employment contract ends.
- Tied sellingThis prohibited practice consists of making the purchase of one product or service conditional on acquiring another, or imposing unjustified quantity limits. For example, it occurs when a bank requires…
- Time Already Used for Another Retirement BenefitA period of contribution that one social security system has already used to grant a retirement benefit and that, for that reason, cannot be counted again by another social security system.
- Time at the Employer’s DisposalThe period during which a worker waits for or carries out the employer's orders, counted as actual work time even when no task is underway.
- Time Clock RecordsEmployers with more than ten workers at a establishment must keep a record of each worker's start and end times, whether by hand, mechanical device, or electronic system.
- Time of Actual Service in the Public SectorThe minimum period of twenty years of work in a public position that a public servant must have to qualify for the transition rules created by the Social Security reform.
- Time Served Credit (Detração Penal)The deduction, from the sentence or security measure still to be served, of time the convicted person has already spent in pretrial detention, administrative detention, or institutional confinement.
- Time Served in Elected OfficeTime spent serving in a federal, state, or municipal elected office that counts as time of service, as long as it has not already been used toward retirement under another system.
- Tips in the Contribution BaseMoney received from third parties for service, which counts as part of the pay treated as the contribution salary of employees and casual (*avulso*) workers.
- Tolerance limit for harmful agentsThe level of intensity, concentration, or dose of a health-damaging agent that the Regulation allows, above which exposure counts as special service time.
- Total Effective Cost of CreditInformation about the components that make up the cost of a credit transaction, which must be presented in compliance with legal requirements.
- Total Price in Online PurchasesThe price shown to the consumer, which must itemize any additional or ancillary charges, such as shipping and insurance, so that you can understand the full cost of the purchase.
- Trade Secrets in Data ProtectionProtected business information that must be taken into account when you exercise your rights, without eliminating the legal duties of transparency and protection.
- TransferTransfer of a public servant from one unit to another within the same agency or entity, with or without a change of headquarters. It may occur ex officio, in the interest of the Administration, or…
- Transfer of Control of a Publicly Held CompanyA sale of control that may be contracted only if the buyer commits to make a public tender offer to acquire the voting shares of the remaining shareholders.
- Transfer PremiumSupplemental pay owed for as long as a worker is temporarily transferred, because of business needs, to a location other than the one stated in the employment contract.
- Transition Rule for Federal Public ServantsA rule that allows a federal public servant hired before the pension reform to retire based on a combined score of age, contribution time, years of public service, and time in the permanent position.
- Transition Rule for Police Officers and Corrections OfficersA rule that lets a federal police officer, or a federal corrections or juvenile detention officer, who joined the service before the reform retire under the specific law governing those careers, subject to the minimum age set by the Amendment.
- Transition Rule for Retirement by AgeA rule for people who were already paying into Brazil's Social Security system before the pension reform. It requires a minimum age and fifteen years of contributions, with the minimum age for women rising gradually.
- Transition Rule for Special RetirementA rule for people who were already paying into the system before the 2019 reform, combining age and contribution time until reaching the required point total, which depends on the years of exposure.
- Trânsito em Julgado (Final and Unappealable Judgment)The point at which a decision can no longer be appealed, with effects and limits defined by Brazilian law.
- Transparency in Data ProcessingThe duty to provide clear, accessible information about data processing and those responsible for it, while protecting trade and industrial secrets.
- Transportation Voucher Paid in CashAn allowance for an employee's commute that is not part of the contribution salary base, even when it is paid in cash, as provided by the applicable legislation.
- Treatment as an EmployerExtension of employer treatment to other persons and entities, such as the individual contributor and the individual who owns a construction project with respect to those who provide services to them, the cooperative, and the diplomatic mission.
- Trespasse (Transfer of a Business Establishment)A contract for the sale, usufruct, or lease of a business establishment. It takes effect against third parties only after it is recorded with the business registry and published in the official press.
- Tutela of Evidence (Evidence-Based Interim Relief)Provisional protection granted in the cases the law defines as having evident rights, without any need to show risk of harm.
U
- Unauthorized Disclosure of Intimate ContentSharing an intimate scene without consent in the situations the criminal offense covers, subject to the elements, exceptions, and other conditions set by law.
- Unauthorized Intrusion into a Computing DeviceThe crime of breaking into someone else's computing device without authorization in order to obtain, alter, or destroy data, or to install vulnerabilities, under the conditions set by law.
- Unauthorized Use of a Person’s Name in a PublicationUsing someone's name in a publication or performance that exposes the person to public contempt is prohibited, even when there is no intent to defame.
- Unauthorized Use of Your ImagePublishing someone's writings, words, or image without permission can be prohibited and may give rise to compensation when it harms the person's honor or is done for commercial purposes.
- Unenforceability of Bidding: Direct Contracting When Competition Is Not FeasibleDirect contracting that results from the impossibility of competition, in the situations and under the conditions set out by law.
- Unfair Contract TermIt is a provision in a consumer contract that creates an excessive imbalance in favor of the supplier and against the consumer. Examples include terms that take away rights, shift all responsibility…
- Unified Social Assistance SystemA decentralized, participatory system that organizes the management of social assistance among the Union, the States, the Municipalities, and other entities, with the local territory as its foundation.
- Unilateral Termination of a Health PlanWhen a health plan company ends an individual contract on its own initiative. This is prohibited except in cases of fraud or when you are more than sixty days behind on your monthly premiums during the past twelve months, and the company must be able to prove it notified you.
- Union Contribution (*Contribuição Sindical*)An amount paid to the union representing an employee's trade or profession, but only when the employee authorizes the payroll deduction in advance, individually, and in writing. Any clause that makes it mandatory is void.
- Union officerA worker who, during his or her term in office, keeps the same classification under the General Regime (RGPS) that he or she had before taking a position with the union.
- Unjust EnrichmentThe duty to return what a person has gained at another's expense without just cause, either by paying back the updated value or by giving back the thing itself.
- Unjust Enrichment in Acts of Administrative MisconductAn act of administrative misconduct (*improbidade*) by a public official who intentionally obtains an improper financial advantage by virtue of their position, function, employment, elected term, or activity.
- Unlawful ActVoluntary, negligent, or reckless conduct that violates another person's rights and causes harm, even if the harm is only moral.
- Unlawful EvidenceEvidence obtained in violation of a constitutional or statutory provision. It is inadmissible in court and must be removed from the case file, along with any evidence derived from it.
- Unlawful Subject Matter in Collective BargainingA limit that prevents a collective bargaining agreement from eliminating or reducing rights such as the work record entry in your work booklet, unemployment insurance, and monthly FGTS deposits.
- Unregistered Partnership (Sociedade em Comum)A business association that is already operating without having registered its founding documents. The partners can prove its existence only in writing, while third parties may prove it by any means.
- Unseizability (Impenhorabilidade)Legal protection that prevents certain assets or funds from being seized to satisfy a debt, subject to the limits and exceptions set out in Brazilian law.
- Unsolicited ProductsA product sent to you without a prior request is treated as a free sample under the conditions set by law, and you have no obligation to pay for it.
- Unsolicited ServiceA service performed without the consumer's prior request, subject to the consequences established by law.
- Urban Real Property and Land Tax (IPTU)A municipal tax levied on the ownership, beneficial ownership (*domínio útil*), or possession of urban real estate, under the conditions set by law.
- Urgent and Emergency Care Under a Health PlanCare that a health plan must cover when a doctor certifies an immediate risk to life or of irreparable harm, and in cases resulting from an accident or from pregnancy complications.
- Useful Improvement (*Benfeitoria Útil*)Work done on a property that increases or eases its customary use. A good-faith possessor is entitled to compensation for it and may also keep the property until paid.
- UsufructA real right to possess, use and enjoy the fruits of property owned by someone else, within the limits of the instrument that creates it, its duration and the law.
V
- VacancyA situation in which a public position becomes vacant, making it available to be filled again. It may result from resignation, dismissal, retirement, appointment to another incompatible position, promotion, or the public employee’s death.…
- Vacation Bonus in the Contribution BaseThe additional vacation pay guaranteed by the Constitution, which is part of the base on which the employee's social security contribution is calculated.
- Vested Right (*Direito Adquirido*)A right that is protected from impairment by a new law once the legal requirements for acquiring it have been met.
- Vicarious violenceA form of domestic violence committed against a woman's descendant, ascendant, dependent, stepchild, relative, or person under her care, as a means of harming the woman herself.
- Visitation rightsThe right of a parent who does not have custody to spend time with a child and to oversee the child's support and education. A judge may extend this right to grandparents.
- Vocational rehabilitationA service offered by INSS (Brazil's National Social Security Institute) to prepare disabled insured individuals to return to the job market in a new role compatible with their condition. It involves guidance, training, and follow-up. It concludes with the…
- Vocational RehabilitationEducational and adaptive assistance owed to beneficiaries with a work incapacity and to persons with disabilities, giving them the means to take part in the job market and in the community where they live.
- Void Lease Clauses That Violate Brazil’s Tenancy LawA lease clause is void by operation of law if it prohibits extension or excludes renewal of the lease, or if it requires the tenant to pay in order to exercise those rights.
- Voluntary Abandonment (*Desistência Voluntária*)When the offender voluntarily stops carrying out a crime on his or her own, he or she is held responsible only for the acts already committed up to the point of abandonment.
- Voluntary insured personA person over the age of sixteen who, without engaging in paid work that requires affiliation with Social Security, chooses to contribute, such as students and homemakers. Their enrollment is voluntary and depends on…
- Voluntary Return to WorkA retiree's voluntary return to work after receiving a permanent disability retirement, which automatically cancels the retirement benefit as of the date of return.
- Voluntary Tax Disclosure (<em>Denúncia Espontânea</em>)A voluntary report of a violation, accompanied by the steps the law requires, can exclude liability if it is made before any related tax audit or enforcement proceeding begins.
- Volunteer ServiceUnpaid work performed under its own governing statute, which does not by itself create mandatory membership in the Regime Geral (Brazil's general social security system) or, on its own, the status of insured person.
- Voluptuary Improvement (*Benfeitoria Voluptuária*)Work done purely for pleasure or recreation that does not increase the ordinary use of the property. If the owner does not pay for it, a good-faith possessor may remove it, as long as doing so does not damage the property.
W
- Waiting Period for Disability BenefitsThe minimum of twelve monthly contributions required for temporary disability benefits and permanent disability retirement, except in the cases where the law waives the requirement.
- Waiting Period for Maternity PayThe minimum of ten monthly contributions required of self-employed contributors, optional contributors, and special insured workers to receive the maternity benefit.
- Waiting Period for Prison Confinement Benefit (Auxílio-Reclusão)The minimum of twenty-four monthly contributions that an incarcerated insured person must have made before their dependents can apply for the benefit during the period of confinement.
- Waiting Period for Quarterly ContributionsFor those who chose to pay their contributions every calendar quarter, the count starts in the month of enrollment, as long as the first payment slip is paid on time.
- Waiting Period for Regular RetirementThe minimum number of 180 monthly contributions required for regular retirement, for rural workers' age-based retirement, and for special retirement.
- Waiver of Competitive Bidding (*Dispensa de Licitação*)A situation in which the law allows the government to contract directly, even though competition would be possible, as long as specific requirements are met.
- Waiver of the Administrative Route by Filing a LawsuitThe effect of filing a lawsuit with the same claim as the administrative proceeding, which amounts to a waiver of the right to appeal and a withdrawal of any appeal already filed.
- Waiver of the Lawyer Requirement in Small Claims Court (Juizado Especial)Parties may appear in person in lower-value cases before the Juizado Especial (Brazil's special small claims courts), but a lawyer's assistance is mandatory above that limit.
- Waiver of the waiting periodA situation in which a benefit is granted without requiring a minimum number of contributions, as with survivor's pension (*pensão por morte*), family allowance (*salário-família*), and accident benefit (*auxílio-acidente*).
- Waiver of the Waiting Period for Accidents of Any KindA situation in which a disability benefit does not require prior contributions because the disability results from an accident of any kind or cause, an occupational disease, or a work-related disease.
- Waiver of the Waiting Period for Serious IllnessA situation in which a disability benefit does not require prior contributions because the insured person, after joining the system, was stricken with a serious illness listed in the law.
- Warning in Data Protection LawA sanction that identifies the violation and may set a deadline for corrective measures, under Brazil's data protection legislation.
- Web AccessibilityAdapting services and applications so that people with different physical or cognitive conditions can use them, as required by law.
- When Maternity Pay Can Start Before the BirthAn insured worker may begin receiving the benefit up to twenty-eight days before the birth. In that case, the 120-day period is counted from the start of that leave.
- When Voluntary Contributor Enrollment Takes EffectThe point at which voluntary affiliation takes effect: it depends on enrollment and the first payment, and it does not reach back to earlier months.
- WillA document in which a person states how they want their assets distributed after death. It allows the freely disposable portion of the estate to be left to whomever the testator chooses, while respecting the…
- Withdrawal of an Administrative RequestA written statement in which the interested party abandons a request. It does not prevent the proceeding from continuing when the public interest requires it.
- Withdrawal of the Participant’s Own ContributionsWithdrawal of all the contributions the participant personally paid into the supplementary pension plan, minus the administrative fee portions.
- Withdrawing a Retirement ApplicationA statement by the insured person that permanently closes out the application. It is allowed before the first benefit payment is made or the severance fund (FGTS) is withdrawn.
- Witness TestimonyTestimony given by a person about facts relevant to a case, admitted and weighed according to the conditions set by law.
- Work-Related AccidentAn event occurring in the course of work performed for a company or a household employer, or in the work of a special insured person, that causes an injury or disturbance resulting in death, or in the loss or reduction of the ability to work.
- Work-Related IllnessAn illness acquired or triggered by the special conditions under which work is performed and directly related to that work, which the law also treats as equivalent to a workplace accident.
- Worker Registration Number (NIT)A unique, personal, non-transferable identifier for a worker in Brazil's social security registry, which does not change when the worker's occupational category changes.
- Working HoursThe period of work counted under the legal limits and the rules that apply to the activity and the employment contract.
- Workplace Harassment (*Assédio Moral*)Conduct that repeatedly humiliates an employee, such as excessive harshness or acts by the employer that damage the employee's honor, and that supports a request for indirect termination.
- Worsening of a Preexisting ConditionAn exception that allows temporary disability benefits or permanent disability retirement when an illness that existed before you joined the social security system progresses or worsens and begins to prevent you from working.
- Written ReprimandThe least severe disciplinary penalty imposed on a public servant, issued in writing for minor misconduct or breaches of less serious official duties. It serves as a formal warning and is recorded…
- Wrongful negative credit listingIt is the listing of a consumer’s name in delinquency databases, such as credit protection agencies, for a debt that does not exist, has already been paid, or does not belong to that consumer.…
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