Published on November 5, 2026.
Brazil’s Maria da Penha Law allows a judge to remove a woman facing domestic and family violence from her workplace for up to six months while keeping her employment relationship (art. 9, § 2, II, of Law 11.340/2006). For many years, the law did not say who would pay her income during that period. Since October 9, 2026, the answer is in an INSS rule: Joint Ordinance MPS/INSS No. 48/2026 created the Protective Leave Benefit, paid by the INSS, Brazil’s social security agency, to insured women removed from work by a court order.
Who qualifies
Any woman insured by the INSS qualifies, in any category, whether employee, domestic worker, self-employed or other, if a criminal court removed her from work under the Maria da Penha Law (art. 2 of the ordinance). There are two requirements: the court order that determines the leave, and insured status on the start date set by the judge or, if the order sets no date, on the date of the order itself (art. 3).
No minimum contribution period is required and there is no medical examination: the court order replaces the disability assessment (art. 3, §§ 2 and 3). If she was working, the benefit assumes she actually stops working during the leave (art. 3, § 1).
How long it lasts and when payment starts
The benefit lasts for the leave period set in the court order, up to six months. If the order does not set a period, the INSS grants the maximum of six months (art. 4). Payment starts on different dates depending on the situation (art. 5):
- employees, except domestic workers: the first 15 days are paid by the employer, and the INSS pays from day 16;
- domestic workers and other insured women: from the date of the leave;
- applications filed after day 30 of the leave: payment starts on the application date, for everyone.
For this reason, applying within 30 days of the leave avoids losing part of the payments. Where the ordinance is silent, the rules of the temporary disability benefit apply (arts. 1 and 9).
Leaves already in progress
The ordinance also applies to leaves already in progress on October 9, 2026, its publication date. In these cases, payment is due from the date calculated under the rules above or from the publication of the ordinance, whichever is later, and only for the remaining period of the leave (art. 8).
How to apply
The woman applies herself through the INSS service channels, including remote ones such as the Meu INSS app, with a copy of the court order that determined the leave (art. 6). She must inform the INSS if she returns to work or if the protective order is changed or revoked.
Safety comes before any application. If you are in danger in Brazil, call 190. The Women’s Assistance Center answers at 180.
The aggressor may have to reimburse the INSS
The ordinance requires the INSS to send the Federal Attorney General’s Office the data needed for the recovery lawsuits provided for in art. 120, II, of Law 8.213/1991 (art. 7). Through these lawsuits, social security seeks to recover from the aggressor what it paid to the insured woman.
If the INSS denies or delays
If the application is denied, stalled or granted for a shorter period than the one set by the judge, an administrative appeal is available and, where appropriate, a lawsuit in the Federal Courts. Keep the court order, the application receipt, the INSS letter and proof of employment and contributions.
SPD Advocacia handles social security law throughout Brazil, with online service, including for clients living abroad. See our social security page and what to do when there is a benefit denied by the INSS. For protective orders and the victim’s rights in the criminal case, the firm has a criminal law practice. Each case needs its own analysis, and we do not promise results.
Frequently asked questions
Do I need a formal employment contract to receive it?
No. The ordinance applies to insured women in any category, as long as they have insured status on the date of the leave.
Will I have a medical examination?
No. The court order that determined the leave makes the medical examination unnecessary.
I am self-employed. When does payment start?
From the leave date set by the judge, if the application is filed within 30 days. After that, payment starts on the application date.
Official sources
- Joint Ordinance MPS/INSS No. 48 of October 8, 2026 (Federal Official Gazette, 10/09/2026, in Portuguese) (accessed on 11/05/2026)
- Law 11.340/2006 (Maria da Penha Law), art. 9, § 2, II (Planalto, in Portuguese) (accessed on 11/05/2026)
By Sidnei Pedro Dias, lawyer, OAB/GO 48.603, OAB/DF 68.207 and OAB/SP 501.693.
Related pages
Social security: INSS benefits, reviews and appeals.
Benefit denied by the INSS: what to do next.
Criminal law: protective orders and support for the victim.