Retirement Benefits for Artisanal Fishers and Gold Prospectors (Garimpeiros)

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Artisanal fishers and garimpeiros (independent gold prospectors) have their own rules for retiring under INSS (Brazil’s National Social Security Institute). Each falls into a different social security category, and that category determines the required age, the amount of time worked, and how you prove the work you did.

Why fishers and garimpeiros follow different rules

The difference starts with how social security law classifies each worker. An artisanal fisher who makes fishing a regular occupation or the main means of earning a living is classified as a segurado especial (special insured person), a category established in Article 11, item VII, of Law 8.213/91. A garimpeiro, on the other hand, is generally treated as a contribuinte individual (self-employed contributor) under item V of the same article. That changes entirely how you pay into the system and what you must meet to retire.

This distinction has a direct practical effect. A segurado especial does not make monthly payments by payment slip to qualify for rural retirement by age, because the contribution is levied on the sale of what the worker produces. A contribuinte individual, by contrast, must pay the Guia da Previdência Social (Social Security Payment Slip) every month to keep insured status and accumulate contribution time. Figuring out which category a worker falls into is the first step in any analysis of the special insured category and the rights that come with it.

Both the Social Security Reform (Constitutional Amendment 103/2019) and the ordinary legislation kept differentiated treatment for these activities because of the particular conditions in which they are carried out, often without formal registration and in places that are hard to monitor.

Retirement for artisanal fishers

The artisanal fisher belongs to the group of segurados especiais, alongside rural workers and Indigenous people engaged in subsistence activity. As a result, a fisher can qualify for retirement by age under reduced requirements compared with urban insured workers, as long as the fisher proves that he or she actually worked in fishing.

Age requirements

Retirement by age for a segurado especial requires being 60 years old for men and 55 for women, under Article 48 of Law 8.213/91. In addition to age, you must prove 180 months of fishing activity, equivalent to 15 years, even if not continuous. The Constitution kept this lower age even after the 2019 Reform, which preserved the favorable treatment of rural workers and artisanal fishers.

It is worth comparing this with the situation of ordinary insured workers, who face stricter age and minimum contribution requirements. If you want to understand the rules that apply to other workers, see how retirement by age works after the Reform.

Seguro-defeso and insured status

During the period when fishing is prohibited to protect fish species, known as the defeso (closed season), an artisanal fisher may receive the seguro-defeso (closed-season unemployment benefit), governed by Law 10.779/2003. Receiving this benefit supports your status as a professional fisher and helps show that you kept working in the activity over the years.

Keeping your records in order is essential, because INSS may question periods with no proof of fishing when you file your claim. Consistency among the fisher registration, receipt of the seguro-defeso, and the other documentary evidence often decides whether the claim succeeds.

Proof of the activity is the most sensitive point for a segurado especial, because recognition of the right to retirement depends entirely on it.

For that reason, we recommend gathering documents throughout your entire working life, not just on the eve of your application. The more consistent your body of evidence, the lower the chance of denial for lack of proof.

Retirement for garimpeiros

A garimpeiro who works on his or her own account is, in most situations, classified as a contribuinte individual. This means the garimpeiro must pay contributions to INSS through the Guia da Previdência Social to build up contribution time and keep insured status. Without those payments, the time worked in the mining site is unlikely to be recognized.

As a contribuinte individual, a garimpeiro can qualify for regular retirement under the general rules, which require a minimum age and contribution time set by Constitutional Amendment 103/2019. The best strategy depends on the worker’s payment history and the time already accumulated.

When does mining work qualify for special retirement?

The most important point for a garimpeiro is the possibility of having the work classified as special activity. Habitual and permanent exposure to harmful agents, such as high noise levels, mineral dust, and the mercury used in the extraction process, may entitle you to special retirement (aposentadoria especial), provided for in Articles 57 and 58 of Law 8.213/91. This is the same legal basis that supports recognition of special time for exposure to harmful agents in other professions.

Special retirement requires the exposure time set by law, which varies depending on the harmful agent. Since the 2019 Reform, it also requires a corresponding minimum age. You prove it with technical documents, especially the Perfil Profissiográfico Previdenciário (Social Security Occupational Profile) and the Laudo Técnico das Condições Ambientais do Trabalho (Technical Report on Workplace Environmental Conditions). That makes a garimpeiro’s case more complex than that of someone who works for a formal company.

Documents and care in proving your work

The greatest difficulty with these retirements is proving the activity, since many fishers and garimpeiros work without a formal employment relationship. Gathering consistent documents from the start of your working life is the best way to avoid having the benefit denied.

For artisanal fishers, the following documents are usually accepted:

• Registro Geral da Pesca (General Fishing Registry) and professional fisher card;
• Proof of receipt of the seguro-defeso;
• Sales receipts for the fish and statements from fishers’ associations (colônias de pescadores);
• Contracts, receipts, and photographs that show the activity over time.

For garimpeiros, technical and tax documents become important:

• Perfil Profissiográfico Previdenciário and Laudo Técnico das Condições Ambientais do Trabalho;
• Guias da Previdência Social paid as a contribuinte individual;
• Mining permits and registrations with mining authorities;
• Documents showing continuous exposure to harmful agents.

In both cases, organizing your evidence, choosing the best time to file, and paying attention to technical details reduce the risk of mistakes that could jeopardize recognition of your right before INSS.

Frequently Asked Questions

Who does INSS consider an artisanal fisher?

An artisanal fisher is a worker who makes fishing a regular occupation or the main means of earning a living, working alone or in a family economy arrangement, without permanent employees. Under Law 8.213/91, this worker is classified as a segurado especial and therefore has access to retirement by age under reduced requirements, as long as the worker proves actual fishing activity for the required period.

Can a garimpeiro retire as a segurado especial?

Generally, no. A garimpeiro who works on his or her own account is classified as a contribuinte individual, not as a segurado especial. This requires monthly contributions to keep insured status. The garimpeiro’s particular advantage is the possibility of special retirement, when habitual exposure to harmful agents during mineral extraction is proven.

What is the minimum age for an artisanal fisher to retire?

Retirement by age for a segurado especial requires being 60 for men and 55 for women, plus 180 months of proven fishing activity. This lower age was kept even after the 2019 Social Security Reform. Because the main requirement is proof of fishing, fishers should keep documents throughout their entire working lives to secure recognition of the right.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.