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Brazil - Initial reports submitted by States parties under articles 16 and 17 of the Covenant [2001] UNCESCRSPR 16; E/1990/5/Add.53 (20 November 2001)

  • Initial reports submitted by States parties under articles 16 and 17 of the Covenant


  • UNITED
    NATIONS

    E
    G014615600.jpg
    Economic and Social
    Council
    Distr.
    GENERAL
    E/1990/5/Add.53
    20 November 2001
    Original: ENGLISH

    Substantive session of 2002

    IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

    Initial reports submitted by States parties under articles 16 and 17 of the Covenant

    Addendum

    BRAZIL[*]

    [21 August 2001]

    CONTENTS

    Paragraphs Page

    Introduction to the report by the Minister of State for

    External Relations 3

    I. INTRODUCTION 1 22 4

    II. GENERAL INFORMATION ON BRAZIL 23 27 8

    III. BRAZIL’S REPORT ON SPECIFIC ARTICLES OF THE

    INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL

    AND CULTURAL RIGHTS AND ON THE HUMAN

    RIGHTS COVERED THEREIN 28 877 16

    Articles 1, 2, 3, 4 and 5 29 33 16

    Article 6 34 123 17

    Article 7 124 180 43

    Article 8 181 195 72

    Article 9 196 295 75

    Article 10 296 370 94

    Article 11 371 557 108

    Article 12 558 744 159

    Articles 13 and 14 745 805 205

    Article 15 806 877 220

    Introduction to the report by the Minister of State for External Relations

    The Brazilian Government is very pleased to present its initial and periodic reports to the Committee on Economic, Social and Cultural Rights, as set forth in the International Covenant on Economic, Social and Cultural Rights.

    The broad intersectoral consultation process that preceded these reports and the positive and the spontaneous contributions made by civil society are worth highlighting. These efforts were coordinated by the Human Rights Committee in Brazil’s lower house in Congress, the Chamber of Deputies, in a document called “The Civil Society Report on Brazil’s Observance of the International Covenant on Economic, Social and Cultural Rights.”

    The reports we are now submitting reflect the Government’s efforts to meet the commitments made to the Committee on Economic, Social and Cultural Rights. The first draft was prepared during the administration of Minister Luiz Felipe Lampreia, on the basis of work prepared by the Instituto de Pesquisa Economica Aplicada (IPEA).[1]

    The Brazilian Government therefore trusts that it has addressed the rights that are promoted and protected by the Covenant, whose importance Brazil recognizes and values, and that it has done so in the proper depth and detail. The Government also trusts that the report will provide the Committee with a clear overview of Brazil’s achievements in the field of human rights as well as an understanding of the nation’s complexities and continuing deficiencies. This overview also describes the commitment and efforts made by the Government to promote and protect economic, social and cultural rights within a framework of full democratic freedom and economic stability, while increasingly encouraging civil society to participate in efforts to assess strategies and design public policies.

    Celso LAFER
    Minister of State for External Relations

    I. INTRODUCTION

    1. The Brazilian Government hereby presents its initial report to the Committee on Economic, Social and Cultural Rights, pursuant to article 16 of the International Covenant on Economic, Social and Cultural Rights.

    2. Before beginning, however, the Brazilian Government would like to express its regrets for the delay in submitting the report. The importance of the rights covered by the Covenant; the fact that the broad nature of such rights permeates all the State’s activities; and Brazil’s own geographic, administrative and political complexity are just some of the factors underlying the delay in presenting this document. Nevertheless, an effort has been made to prepare a detailed report that expresses the clear progress made in promoting and protecting the human rights covered by the International Covenant without ignoring Brazil’s continuing inadequacies. The report also reiterates Brazil’s firm commitment to the full realization of the human rights in question.

    3. Every effort was made to provide a broad range of data and to focus on periods encompassing several decades. For this reason the Brazilian Government would very much appreciate the Committee’s approval of its request that this report satisfy not only the requirement in the International Covenant regarding an initial report but also the obligation to provide periodic updates to extend until the present year.

    Brazil and human rights

    4. Efforts to rebuild democracy and strengthen citizenship in Brazil have been accompanied by an effort to attach greater importance to human rights in general and to economic, social and cultural rights in particular.

    5. Brazil is a party to all the key international and regional instruments designed to promote and protect human rights. Whether at home or abroad, the Government has always recognized the legitimacy of international concerns regarding the status of human rights anywhere in the world. Brazil feels that nations must cooperate among themselves and with the United Nations in order to effectively protect and promote such rights. We also view human rights as universal. For this reason such rights cannot be subjected to invalidation, relativism or limitations tied to peculiarities of any sort. Finally, Brazil defends a third thrust: the indivisible and interdependent nature of all human rights. No set of rights may be ranked to the detriment of any other set of rights.

    6. Brazil is an active participant in forums to promote and protect human rights; it engages in a forthright, constructive and transparent dialogue with international treaty bodies and the countless mechanisms of the Commission on Human Rights of which we are members.

    7. On the domestic front significant progress has been made in promoting and protecting human rights. In this regard the Federal Constitution adopted in 1988 deserves to be highlighted. The text of the Constitution has a number of clauses that buttress the promotion and protection of human rights and that have served as a source of inspiration or as a framework for subsequent legislation.[2]

    8. Brazil was an active participant in the World Conference on Human Rights held in Vienna in 1993. In compliance with the Vienna recommendations Brazil created a Secretariat of State for Human Rights at a level of seniority similar to that of a ministry. Within the Ministry of External Relations a Special Department on Human Rights was also created. As part of its followup to Vienna, the Government also set in motion an intense programme of consultations that included civil society and that resulted in the National Human Rights Programme adopted in May 1996.

    9. Among other initiatives, the National Human Rights Programme has attached priority to the following measures: (a) approving a Bill to amend the Constitution, presented by the Administration in 1996 under this Bill, crimes against human rights would be judged by the Federal Justice System; (b) approving a Bill of Law that would transfer crimes committed by military police officers to the ordinary justice system for trial; (c) approving legislation to broaden the possibility of alternative sentencing; (d) creating and subsequently approving efforts to reform the Council for the Defence of the Rights of Human Beings in such a way as to broaden civil society participation while perfecting efforts to work together with the State; (e) expanding the Witness Protection Programme and the Programme to Provide Protection to the Victims of Crime and their Families, as part of a joint effort involving state governments and social organizations in order to combat impunity; (f) fostering innovative programmes to rehabilitate young offenders by providing community activities, professional and educational programmes and support for families and victims. The National Human Rights Programme has produced extremely positive results; it has generated a number of measures to promote and protect human rights, and has also increased awareness as to the importance of including a human rights perspective in all governmental activities.

    10. The State must be decentralized, nongovernmental arenas and forums for public activities must multiply and become more diverse, and civil society organizations and networks must make their voices heard. Of course, such efforts will only be feasible if civil society and its legitimate representatives participate more fully and with growing constancy in the indispensable dialogue that the Government would like to increasingly inject into public policy planning and implementation. This is particularly true in the case of policies designed for use in the struggle against poverty and social exclusion.

    11. Recently, a document called “The Civil Society Report on Brazil’s Observance of the International Covenant on Economic, Social and Cultural Rights” was delivered directly to the Committee by people representing Brazil’s civil society and Congress. This document provides concrete evidence of the increasingly intense involvement of the public at large in discussions involving issues that interest it.

    12. The Brazilian Government would like to thank the Chamber of Deputies, and particularly its Committee on Human Rights, for efforts that reinforce the view that these human rights reports can become important and substantive tools. As instruments they can be used to analyse, diagnose and support public policymaking.

    13. The document mentioned above reflects the fact that a discussion of economic, social and cultural rights speaks to the Government’s concerns regarding fuller participation by society. Discussions of this nature also function as a response to similar recommendations by the Committees that are part of the United Nation’s system to promote and protect human rights, such as the Committee on Economic, Social and Cultural Rights.

    14. One example of a topic that has merited the specific attention of organized society in Brazil is the issue of globalization, its meaning and its impact. The Civil Society Report mentioned above refers to this concern on a number of occasions. Brazil’s Government shares a number of these concerns and has taken steps to forecast and reduce or else compensate for the undesirable impact on human rights caused by structural changes throughout the world. In response to these shared concerns, the Government has attempted to make important international forums aware of the need to ensure that globalization be carried out in a symmetric and supportive way. Brazil suggested to the High Commissioner on Human Rights that a Seminar on Globalization and Human Rights be held in order to advance the international debate regarding this issue.

    15. Globalization is a complex theme, of course, as pointed out by the Committee on Economic, Social and Cultural Rights itself in its declaration called “Globalization and Economic, Social and Cultural Rights Statement by the Committee on Economic, Social and Cultural Rights” in May 1988. Because of the importance of the statement and because it is so fully in line with the Brazilian Government’s own concerns regarding globalization, paragraph 4 of that Declaration is quoted below:

    “All of these risks can be guarded against, or compensated for, if appropriate policies are put in place. The Committee is concerned, however, that while much energy and many resources have been expended by governments to promote trends and policies that are associated with globalization, insufficient efforts are being made to devise new or complementary approaches that could enhance the compatibility of competitiveness. Efficiency and economic rationalism must not be permitted to become the primary or exclusive criteria against which governmental and intergovernmental policies are evaluated.”

    16. Currently efforts are under way to pursue the domestic reforms that will be required if Brazil is to be modernized, however without ignoring the need to ensure that structural adjustment programmes also include social development goals, particularly those that fight poverty and exclusion. Details can be found below in the sections of this report on the individual articles of the International Covenant on Economic, Social and Cultural Rights.

    17. An example of such concerns is the creation of the socalled “Social Safety Net” which comprises 22 government programmes designed to provide basic social services to lowincome groups. The Social Safety Net was designed as part of a Loan Contract between Brazil and the InterAmerican Development Bank (IDB) in 1999. Although implemented during tight budget periods, aggravated by the international financial crises of the late 1990s, the Safety Net guaranteed continued investments in social programmes. With regard to funds, the annual

    contract target was set at Cr$ 11.3 billion; in fact, investments in the full set of programmes totalled Cr$ 11.8 billion in one year, equivalent to 104 per cent of the agreed target. With regard to actual implementation, almost all the project activities surpassed the targets that had been set. Thanks to the Safety Net 72.6 million school books were distributed in 1999; 16.8 million pregnant women and children received vaccines; 2.6 million workers were trained; and 145,000 children and adolescents put their years of grim and degrading child labour behind them by returning to school.

    18. Brazil needed to overcome a number of major barriers comprising fiscal adjustment programmes and a series of international financial crises before it could implement wideranging social policies. Nevertheless, federal government expenditures on social programmes continued to increase, beginning at a level of Cr$ 77.7 billion in 1993 and increasing to Cr$ 114.7 billion in 1998. This steady growth was confirmed by per capita federal expenditures on social programmes which increased from Cr$ 515.2 in 1993 to Cr$ 710.7 in 1998. Brazilian spending on social programmes expressed as a percentage of GDP remained constant at a level of about 21 per cent, one of the highest percentages in Latin America.

    19. Gains in efficiency have been the result of institutional reforms involving basic social services, particularly in the areas of social security, health, welfare and education. The changes in question have been both deep and broad. They have included a number of ambitious goals: increasing the quality and coverage of services in order to eliminate socially unfair mechanisms affecting access to benefits provided by such programmes; reinforcing decentralization and control by society over the implementation of such programmes; and creating restrictions on the reproduction of traditional practices of cronyism in order to increase the redistributive impact of the Government’s programmes.

    20. In concluding this introduction to the report, the Brazilian Government would like to point out two methodological issues.

    21. The first involves the difficulty in strictly obeying the order of the questions in the Committee’s guidelines on the form and content of reports to be submitted (document HRI/GEN/2, 14 April 2000). The myriad rights covered by the International Covenant are always very broad and sometimes interdependent. Naturally enough, they range widely over a crosssection of issues. Therefore, on a number of occasions it has become necessary to choose to address a given question in a different part of the report in order to maintain a logical and methodological sequence.

    22. The second issue involves the data utilized. Currently, Brazil is still in the midst of taking its National Census. This census is held once every 10 years and allows the diagnosis of Brazil’s reality to be updated while also permitting a proper assessment of public policies. Nevertheless, the Government does have annual surveys of a sectoral nature at its disposal; data from such surveys were used in preparing this report. The results of the broader and more detailed study of the nation which will be available next year may change some of the assessments that are found in this report and in certain cases may actually depict a brighter situation.

    II. GENERAL INFORMATION ON BRAZIL

    23. In September 1994, Brazil submitted its core document (HRI/CORE/1/Add.53), a report containing general information on the country. The report was officially circulated beginning 10 January 1995. Currently, Brazil is still conducting its National Census and its results and evaluations will not be available for several months. An updated survey of Brazilian data on a national scale will without a doubt also lead to revisions when analysing a number of different questions. The new data will make it easier to provide a diagnosis and will permit an assessment of evolving efforts to promote and protect economic, social and cultural rights.

    24. As an example of the significance of data regarding Brazil, it can be pointed out that the last census figures (from the 1996 census) estimated Brazil’s population at 157 million people (77.4 million men and 79.6 million women). Current estimates indicate that these numbers have grown to a total of 164 million people this year. Based on the two censuses, while urban dwellers comprised 72.6 per cent of Brazil’s population in 1990, that figure may be as high as 76.4 per cent by the end of this year.

    25. In order to minimize distortions arising from the gap between the comprehensive statistical data on Brazil available from the 1996 census and the data reflecting today’s reality, this report will address the individual articles of the Covenant by drawing on more recent sectoral data.

    26. For the record, more recent information is also available regarding the institutional and legal framework for the promotion and protection of rights covered by the International Covenant on Economic, Social and Cultural Rights. In the wake of the World Conference on Human Rights held in Vienna in 1993, Brazil created a Department on Human Rights and Social Themes within the Ministry of External Relations. A very senior Executive Branch office was also created, called the Secretariat of State for Human Rights. Brazil was also a pioneer in preparing and adopting a National Plan on Human Rights at the federal level. This instrument, designed to promote evaluations, commitments and activities, is currently being revised and enhanced in light of past experience as well as in light of the dynamics of human rights themselves.

    27. The following tables include uptodate information covering: Brazil’s demographic profile and geographic distribution; the gross domestic product; the gross domestic product per capita; foreign direct investments; the national privatization programme; Brazil’s balance of trade; external economic indicators; open unemployment rates by sector of activity; open unemployment rates by metropolitan region; the labour force vocational training programme; agrarian reformrural settlements; agrarian reformexpropriations; numbers of students registered in primary schools (grades 18); higher education; community health agents; family health teams; and the programme to eradicate child labour.

    Table 1
    Population and territory*
    (estimates in February 2000)

    Regions
    Population
    Territory (km²)
    Southeast
    69 858 115
    927 286.2
    Northeast
    46 289 042
    1 561 177.8
    South
    24 445 950
    577 214.0
    North
    12 133 705
    3 869 637.9
    Centrewest
    11 220 742
    1 612 077.2
    Total*
    163 947 554
    8 547 403.5

    Source: Brazilian Institute of Geography and Statistics IBGE.

    * Excluding the islands of Martim Vaz e Trindade.

    Table 2

    Gross domestic product GDP

    Year
    In millions of Cr$ for 1999
    Real percentage variation
    Current prices in millions of US$
    1990
    810 896.73
    ()4.3
    469 318
    1991
    819 248.97
    1.0
    405 679
    1992
    814 825.02
    ()0.5
    387 295
    1993
    854 914.41
    4.9
    429 685
    1994
    904 926.91
    5.9
    543 087
    1995
    943 114.82
    4.2
    705 449
    1996
    966 201.66
    2.7
    775 475
    1997
    1 003 056.94
    3.6
    801 662
    1998
    1 001 853.27
    ()0.1
    775 501
    1999
    1 010 068.47
    0.8
    556 837

    Source: Central Bank of Brazil BACEN.

    Note: The dollar reduction in GDP for the period between 1998 and 1999

    was the result of more flexible exchange rates instituted in January 1999.

    Table 3
    Gross domestic product per capita

    Year
    In millions of Cr$ for 1999
    Real percentage variation
    Current prices in
    millions of US$
    1990
    5 627.67
    ()5.5
    3 257.09
    1991
    5 595.66
    ()0.6
    2 770.88
    1992
    5 480.25
    ()2.1
    2 604.82
    1993
    5 664.20
    3.4
    2 846.86
    1994
    5 909.03
    4.3
    3 546.27
    1995
    6 072.11
    2.8
    4 541.94
    1996
    6 148.01
    1.2
    4 924.21
    1997
    6 283.40
    2.2
    5 021.81
    1998
    9 192.31
    ()1.4
    4 793.26
    1999
    6 160.92
    ()0.5
    3 396.43

    Source: Central Bank of Brazil BACEN.

    Note: the reduction in dollar per capita GDP for the 1998 and 1999 period

    was the result of the changes in the foreign exchange rate instituted in January 1999.

    Table 4
    Foreign direct investments (net)

    US$ billions

    Period
    Direct investments in the private sector
    Direct investments in the privatization programme
    Total
    1995
    4.3
    4.3
    1996
    7.3
    2.6
    9.9
    1997
    11.8
    5.2
    17.0
    1998
    20.0
    6.1
    26.1
    1999
    21.2
    8.8
    30.0

    Source: Central Bank of Brazil BACEN.

    Note: This table also includes operations in local currency, commodities conversions and reinvestments.

    Table 5
    National privatization programme: 19911999
    (US$ millions)

    Sector
    Companies
    Sale
    Debts transferred
    Total
    Steel
    8
    5 562
    2 626
    8 188
    Petrochemicals
    27
    2 698
    1 003
    3 701
    Railways
    7
    1 698
    0
    1 698
    Mining
    2
    3 305
    3 559
    6 864
    Telecommunications
    25
    26 970
    2 125
    29 095
    Energy
    3
    3 907
    1 670
    5 577
    Others
    16
    1 401
    343
    1 744
    Shareholdings
    0
    1 040
    0
    1 040
    Federal
    88
    46 581
    11 326
    57 907
    State
    29
    23 724
    5 311
    29 035
    Total
    117
    70 305
    16 637
    86 942

    Source: National Economic and Social Development Bank BNDES.

    Table 6
    Brazilian balance of trade

    (US$ millions)

    Year
    Exports
    Imports
    Balance
    1990
    31 414
    20 661
    10 753
    1991
    31 620
    21 041
    10 579
    1992
    35 793
    20 554
    15 239
    1993
    38 555
    25 256
    13 299
    1994
    43 545
    33 079
    10 466
    1995
    46 506
    49 972
    ()3 466
    1996
    47 747
    53 346
    ()5 599
    1997
    52 994
    59 749
    ()6 755
    1998
    51 140
    57 730
    ()6 590
    1999
    48 011
    49 210
    ()1 199

    Source: Ministry of Development, Industry and Foreign Trade.

    Table 7
    External indicators (in %)

    Period
    Exp./
    GDP
    Imp./
    GDP
    Balance of
    trade/GDP
    (exp.imp.)
    Real fund
    transfers sent
    abroad/GDP1
    Net income sent abroad/
    GDP2
    Net external savings/GDP3
    Transfers for
    payment
    abroad/
    GDP4
    Debt service/
    exp.5
    Exp. nonfactor
    goods and
    services/total
    foreign debt
    Foreign
    debt/GDP
    Trade
    flows/GDP
    1990
    6.7
    4.4
    2.3
    1.7
    2.7
    0.8
    3.9
    25.8
    28.1
    26.3
    11.1
    1991
    7.8
    5.2
    2.6
    1.9
    2.7
    0.3
    3.4
    38.0
    27.7
    30.5
    13.0
    1992
    9.2
    5.3
    3.9
    3.4
    2.4
    ()1.6
    1.8
    34.8
    28.7
    35.1
    14.5
    1993
    9,0
    5.9
    3.1
    2.2
    2.7
    0.1
    0.9
    43.1
    28.6
    33.9
    14.9
    1994
    8.0
    6.1
    1.9
    1.1
    1.9
    0.3
    0.5
    38.9
    31.6
    27.3
    14.1
    1995
    6.6
    7.1
    ()0.5
    ()1.4
    1.8
    2.6
    0.6
    46.1
    31.2
    22.6
    13.7
    1996
    6.2
    6.9
    ()0.7
    ()1.6
    1.7
    3.0
    ()1.4
    56.9
    28.3
    23.2
    13.0
    1997
    6.6
    7.6
    ()1.0
    ()2.2
    2.2
    4.2
    ()2.8
    76.3
    28.7
    24.9
    14.2
    1998*
    6.6
    7.4
    ()0.9
    ()1.9
    2.7
    4.3
    ()4.0
    96.7
    23.9
    30.2
    14.0
    1999**
    7.7
    8.3
    ()0.6
    ()1.7
    3.5
    4.8
    0.5
    144.7
    22.6
    37.9
    16.1

    Source: Central Bank of Brazil BACEN.

    1 Real fund transference abroad is equivalent to the nonfactor balance of goods and services.

    2 Net income sent abroad is equivalent to net payment of factors.

    3 Net foreign saving is equivalent to current factor transactions, transações correntes fatores.

    4 Net transfers abroad are equivalent to the difference between net income sent abroad and net income from funds

    (outside of unilateral transfers).

    5 Debt service only covers debt payments and interest rates.

    * Preliminary data.

    ** Accumulated data for the 12 months ending in September.

    Table 8
    Open unemployment rate by sector of activity

    Period
    Processing industries
    Building trades
    Retail sales
    Services
    Average for 1997
    6.92
    6.28
    6.34
    4.45
    Average for 1998
    8.96
    8.93
    7.96
    6.04
    Average for 1999
    8.23
    9.41
    8.06
    6.07

    Source: Central Bank of Brazil BACEN.

    Table 9
    Open unemployment rate by metropolitan region

    Period
    Recife
    Salvador
    Belo Horizonte
    Rio de Janeiro
    São Paulo
    Porto Alegre
    Average for 1997
    5.89
    7.73
    5.09
    3.73
    6.60
    5.47
    Average for 1998
    8.69
    9.27
    7.18
    5.40
    8.59
    7.28
    Average for 1999
    8.17
    9.94
    7.69
    5.40
    8.30
    7.22

    Source: Central Bank of Brazil BACEN.

    Table 10
    Programme to provide vocational training for workers

    Period
    Trainees (in thousands)
    Funds spent (in millions)
    1995
    153
    28
    1996
    1 198
    220
    1997
    2 001
    348
    1998
    2 400
    414
    1999
    2 600
    356

    Source: Ministry of Labour and Employment.

    Table 11
    Agrarian reform: rural settlements

    Year
    Families settled
    Settlement projects
    1995
    42 827
    314
    1996
    61 674
    433
    1997
    81 944
    637
    1998
    101 094
    850
    1999
    85 327
    489
    Total
    372 866
    2 723

    Source: Agrarian Development Ministry.

    Table 12
    Agrarian reform: expropriations

    Period
    Hectares expropriated
    1985/89
    4 191 147
    1990/93
    2 775 282
    1993/94
    1 086 546
    1995/98
    7 321 270
    1999
    1 463 844

    Source: Agrarian Development Ministry

    Table 13
    Primary education (grades 18): number of
    students registered (in thousands)

    Period
    Grades 14
    Grades 58
    Total
    1996
    20 027
    13 104
    33 131
    1997
    20 568
    13 661
    34 229
    1998
    21 333
    14 459
    35 793
    1999
    21 014
    15 157
    36 171

    Source: Ministry of Education.

    Table 14
    Higher education: evolution by administrative hierarchy

    Period
    Federal
    State
    Municipal
    Private
    Total
    1990
    308 867
    194 417
    75 341
    961 455
    1 540 080
    1991
    320 135
    202 315
    83 286
    959 320
    1 565 056
    1992
    325 884
    210 133
    93 645
    906 126
    1 535 788
    1993
    344 387
    216 535
    92 594
    941 152
    1 594 668
    1994
    363 543
    231 936
    94 971
    970 584
    1 661 034
    1995
    367 531
    239 215
    93 794
    1 059 163
    1 759 703
    1996
    388 987
    243 101
    103 339
    1 133 102
    1 868 529
    1997
    395 833
    253 678
    109 671
    1 186 433
    1 945 615
    1998
    408 640
    274 934
    121 155
    1 321 229
    2 125 958

    Source: Ministry of Education.

    Table 15
    Community health agents, number of agents,
    number of municipalities served

    Period
    No. of agents
    No. of municipalities
    1994
    29 098
    879
    1995
    34 546
    1 088
    1996
    44 532
    1 470
    1997
    54 934
    2 203
    1998
    88 961
    3 541
    1999
    111 659
    4 052

    Source: Ministry of Health.

    Table 16
    Family health teams, number of teams and
    municipalities served

    Period
    No. of teams
    No. of municipalities
    1994
    328
    55
    1995
    724
    150
    1996
    847
    228
    1997
    1 623
    567
    1998
    3 147
    1 117
    1999
    4 945
    1 870

    Source: Ministry of Health.

    Table 17
    Programme to eradicate child labour

    Period
    No. of children served
    Cr$ in millions
    1996
    3 710
    0.93
    1997
    37 025
    14.44
    1998
    117 200
    37.88
    1999
    145 507
    82.75

    Source: Secretariat of State for Social Welfare.

    III. BRAZIL’S REPORT ON SPECIFIC ARTICLES OF THE
    INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
    AND CULTURAL RIGHTS AND ON THE HUMAN RIGHTS
    COVERED THEREIN

    28. Brazil signed the International Covenant on Economic, Social and Cultural rights, and then ratified it on 24 January 1992. The Covenant went into effect in Brazil on 24 February 1992. It was enacted by Decree 591, dated 6 July 1992.

    Articles 1, 2, 3, 4 and 5

    29. Brazil was a Portuguese colony until 1822. It is now a sovereign and independent nation with full competence within its political, legal and administrative jurisdiction to determine the constitutional principles that form the basis for its organization of society and for suitable legislation to be used in regulating and disciplining that society. Brazil has no colonies, nor does it administer any territory aside from its own. The rights of peoples to selfdetermination and the principle of nonintervention are fundamental tenets of Brazil’s Constitution and guide the country’s actions abroad. The corollaries of these precepts are the defence of peace and peaceful dispute settlement, both of which are also enshrined in the Constitution. International cooperation is another principle found in Brazil’s Constitution.

    30. Brazil is a country where democracy and basic human rights are fully protected by law, where citizenship is promoted and where enforcement of political pluralism guides the political process. It is a country where both men and women who are citizens may freely choose their representatives by direct, secret and universal suffrage. Political statutes are freely chosen just as economic, social and cultural development are subject to no restraints.

    31. The Brazilian State strives to guarantee the full exercise of the rights recognized by the International Covenant to the greatest degree possible given its resources, and it does so in a manner that is progressive but irreversible.

    32. Brazilians and foreigners in Brazil enjoy equal rights with the exception of a very few constraints which in no way flout article 2, paragraph 3, of the International Covenant on Economic, Social and Cultural Rights. For example, foreigners have the right to own property. This right must be exercised in light of the social function of property, which means that the State may decide to expropriate that property when justified by genuine public need or social interests and as long as it provides proper monetary compensation. Limitations to ownership of assets found underground are applied across the board with no distinction by nationality, and economic activity is primarily based on private enterprise and free competition with full respect for individual rights to property and to the free exercise of any legal economic activity. The State has taken on a growing role as a regulatory agent and as the key player in certain strategic economic sectors.

    33. In addition to the clauses enshrined in the Constitution which were described above, in Brazil there are a number of legal and administrative rulings which prohibit and fight discrimination in all its forms, while also trying to correct such situations. Vulnerable groups

    and minorities enjoy special treatment as a result of their characteristics. This report expands on these aspects and elucidates the relevant legislation in detailed comments on other articles under the International Covenant.

    Article 6

    34. In its guidelines the Committee requests information on the following international instruments:

    (a) ILO Employment Policy Convention, 1964 (No. 122). Brazil ratified Convention No. 122 on 24 March 1969 and is concluding the report to be submitted to the ILO this year on the implementation of the Convention in Brazil. According to the ILO, a database is being prepared on employment policy which in turn will be based on information contained in the reports from 30 countries that were chosen because of their punctuality in complying with the Convention and the quality of such efforts. Among these countries is Brazil;

    (b) ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Brazil ratified the Convention on 26 November 1965; its most recent report was submitted in 1999. The ILO Committee of Experts has made note of the progress achieved by Brazil in the implementation of the Convention. The Group’s last observation stated its interest in the measures adopted to implement the Convention, both in the form of legislation and also in practice;

    (c) The International Convention on the Elimination of All Forms of Racial Discrimination. Brazil signed the Convention on 7 March 1966. The National Congress approved it on 21 June 1967 via Legislative Decree No. 23. Ratification occurred on 27 March 1968 and the Convention was then enacted on 8 December 1969. It actually went into effect in Brazil on 4 January 1969. Thus far Brazil has presented 10 reports to the Committee on the Elimination of Racial Discrimination, thereby providing the Convention with a broad and current view of Brazil’s status in this regard. The next periodic reports to be presented are currently under preparation. With regard to the International Convention on the Elimination of All Forms of Racial Discrimination, it should also be said that the President of Brazil sent the National Congress a message in September requesting approval as set forth in the optional declaration under article 14. This would allow Brazil to recognize the jurisdiction of the Committee for the receipt and analysis of complaints of violations of those human rights covered by the Convention. Finally, another matter worth mentioning is the proposal Brazil submitted to the Organization of American States regarding the drafting of an InterAmerican Convention against Racism, Racial Discrimination and Related Intolerance. The Brazilian Government’s proposal is designed to perfect the promotion and protection of human rights covered by the International Convention at the regional level;

    (d) The Convention on the Elimination of All Forms of Discrimination against Women. Brazil signed the Convention on 31 March 1981. The National Congress approved it on 14 November 1983 via Legislative Decree 93. The reservations attached to articles 15, paragraph 4, and 16, paragraph 1 (a), (c), (g) and (h), were withdrawn via Legislative Decree 26 of 22 June 1994. The Convention was ratified on 1 February 1984 and enacted by Decree 89460, on 20 March 1984. The Convention has been in effect in Brazil since 21 March 1984. The report to be submitted to the Committee created by the Convention

    has just begun to be prepared. With regard to the human rights of women, it is worth mentioning that the Brazilian Government is currently concluding an analysis regarding the signing of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, adopted by United Nations General Assembly resolution 54/4 of 6 October 1999. At the international level the Optional Protocol has not yet gone into effect.

    Overview of the labour market/labour market indicators

    35. The Brazilian labour market has undergone deepseated modifications with a significant impact on the life of workers. The key variable to be monitored in assessing such an impact is the increase in unemployment rates. However, this variable alone is not enough to reflect some of the most fundamental aspects of the analysis.

    36. The Brazilian Government feels that the factors mentioned below should be taken into consideration when analysing transformations of the labour market in Brazil.

    37. One change in the labour market can be evaluated by examining the way in which participation in that market has evolved over recent years. The participation rate is obtained by examining the percentage of the population that has a job or is in search of a job and comparing it to the active age population. This measure is designed to measure just how attractive the labour market is visàvis other alternatives, for example, continuing (or even returning to) one’s studies or taking care of one’s children. Chart 1 represents the evolving situation between 1994 and 1999 for Brazil’s population as a whole with a breakdown for three age groups: 15 to 24 years of age; 25 to 39 years of age; and 40 years and older. The difficulties encountered by workers during the period in question are reflected in the drop in the participation rate for the population as a whole, with the annual average dropping from 59.19 per cent in 1994 to 57.04 per cent in 1999. Nevertheless, this figure does not fully reflect different variations by age group. In effect, for the group between ages 25 and 39 (an age that usually reflects the peak of one’s capabilities in the labour market) the annual average increased from 74.5 per cent in 1994 to 75.81 per cent in 1999. However, among younger workers the decline was more significant, moving from 53.76 per cent in 1994 to 48.61 per cent in 1999.

    Chart 1
    Total participation rate and participation rate by age bracket

    G014615601.wmf

    in metropolitan areas in Brazil (%)

    Source: Monthly Employment Survey (SME), IBGE.

    38. One can reach at least two conclusions based on the above data. The first conclusion is that the labour market for people between the ages of 25 and 39 is becoming more attractive as companies increasingly seek out more experienced and more highly qualified workers such as those that are typically found in the age bracket of the socalled “mature youths” who, in turn, are attracted to the labour market by increases in income. The second conclusion is that, because companies are requiring a more highly qualified labour force, during the period in question younger people tended to put off their entry into the labour market, presumably because they spent more time in traditional schools or in acquiring vocational or technical training.


    The evolution of jobs

    39. The evolution of jobs in the 1990s is probably the most important factor of all. It is also the point that has attracted the most attention from the public in general and from public servants in particular. According to data from the monthly survey produced by the IBGE, or Brazilian Institute for Geography and Statistics, covering six metropolitan regions (Rio de Janeiro, São Paulo, Porto Alegre, Belo Horizonte, Recife and Salvador), the number of openings in the labour market grew strongly until 1996. At that point the graph flattens out (see chart 2). Despite the concerns that arise from this observation, the Brazilian Government feels that it is important to keep three important points in mind. First, the evolution of the job market is not the same across the board for workers when they are broken down by years of schooling, by age or by economic sectors. Second, the relative stagnation regarding the number of openings in the labour market cannot be attributed in a simple and linear fashion to the lack of dynamism displayed by Brazil’s economy. Third, the data alone do not reflect a significant recovery in the number of jobs that began in mid1999 and continued throughout the year 2000.

    Chart 2
    Accumulated variation in the job market in metropolitan Brazil (%)

    G014615602.wmf

    Source: SMEIBGE.

    40. Charts 3 and 4 (based on data from the National Residential Sample Survey run by the IBGE) reveal that the evolution in the job market was not always the same when broken down among workers by years of schooling. From 1995 to 1999, significant job elimination was only found in the case of workers with less years of schooling (0 to 4 years). For the workers in the other categories, particularly those with 9 to 11 years of schooling (partial or complete secondary education) job opportunities increased significantly.

    Chart 3
    Growth rate in jobs by years of schooling 199599 (%)

    G014615603.wmf

    Source: National Residential Sample Survey (PNAD), IBGE.

    41. These developments had a profound impact on the composition of jobs when broken down by years of schooling in Brazil. The data which pertain to the metropolitan regions (SME/IBGE database) show a drastic drop in the number of workers with less years of schooling

    among those with formal jobs for the period between 1994 and 1999. Furthermore, the figures show that workers in the intermediate schooling category (from 5 to 8 years of schooling) kept up their participation during that same period. Those who truly benefited from the changes were workers with more years of schooling (between 9 and 11, and 12 or more years of schooling).

    42. Therefore, one can conclude that with regard to allegations of the stagnation of the labour market a more detailed analysis is required because the concept of participation in the job market alone is not enough to reflect the profound changes in the labour force in Brazil.

    Chart 4
    Job breakdown by years of schooling, metropolitan regions in Brazil (%)

    G014615604.jpg

    Source: SMEIBGE.

    43. A similar phenomenon becomes evident when analysing the growth of jobs for Brazil as a whole by age groups (PNAD/IBGE database). In 19951999 (please see chart 5) all age groups showed an increase in the number of jobs available to them, except for young people between the ages of 14 and 15.[*]

    Chart 5. Increase in the number of jobs available by age group, 199599 (%)

    G014615605.wmf

    Source: PNADIBGE.

    44. The Brazilian Government stresses the fact that the drop in the number of jobs for younger age groups does not necessarily represent a phenomenon that should concern us. The phenomenon may be caused by the fact that these young people are spending more time on their formal education or in vocational training courses.

    45. The situation is repeated (please see chart 6) with regard to the growth rate for jobs when broken down by sector in the economy between 1995 and 1999. During that period, Brazil lost jobs in the industrial and agricultural sectors but gained jobs in the building trades and services sectors.

    Chart 6. Growth rate in jobs by economic sector 199599 (%)

    G014615606.wmf

    Source: PNADIBGE.

    46. Any analysis of Brazil’s economic performance in the 1990s should strive to avoid misconceptions visàvis that performance and its alleged stagnation. Similarly, caution should be exercised when an attempt is made to link the status of the Brazilian job market to a statement that stagnation occurred. With the exception of the period between 1998 and 2000, Brazil’s rate of economic growth beginning in 1992 was considerably higher than that of the previous decade. Any assessment should take the significant productivity gains shown by Brazil’s economy during the same period into account as well. In fact, if the number of jobs did not grow as much as in recent times, the cause is probably the fact that the productivity rates for jobs have increased more rapidly than the GDP.


    Chart 7
    Growth in GDP and productivity of labour in industry, 199299 (%)

    G014615607.wmf

    Source: IBGE.

    47. In the 1980s labour productivity was practically stagnant; in the 1990s vigorous productivity growth was observed. This leads one to the supposition that the economy did not lose any of its dynamism, but instead that productivity grew at a rate that was higher than that of the economy as a whole. Therefore, the problem of the number of jobs generated does not have anything to do with the dynamism of the economy but, instead, is linked to factors which in turn tie into the job market itself and how it works. These factors need to be properly analysed and handled so that the small number of jobs being generated does not turn into higher levels of structural unemployment in the future.

    48. First, the low numbers of new jobs is associated with the rapid growth of productivity in the job market. Available information on productivity gains in Brazil’s economy leave no doubt as to this factor. On the one hand, productivity gains decrease job generation in relation to any given growth rate in the economy; on the other hand, they mean that better quality goods can be

    produced while using less effort by workers and fewer resources in general. This leads to reductions in production costs and consequently to lower prices for products, which in turn explains the large increase in consumers observed in the Brazilian market in recent years.

    49. At the same time, productivity gains are the only way to ensure greater competitiveness abroad and higher salaries over the long term. The world’s major markets developed precisely as a result of substantial productivity gains and increases in real salaries. The Brazilian Government feels that any effort to simply stop the productivity increase process under the pretext that it would generate jobs over the short term would be a mistake.

    50. Finally, it should be underscored that data regarding employment up until 1999 do not reflect the reaction that has occurred this year. The year 2000 has, in fact, been characterized by a significant reaction with regard to job creation. Data regarding the formal job market supplied by the General Registry of Employed and Unemployed Persons (CAGED) indicates that 284,000 jobs were created between January and April of this year. The SME/IBGE data for metropolitan regions in Brazil (between January and April 2000) in turn indicate a surplus of 600,000 jobs (independently of the position occupied) visàvis the same period during the previous year.

    Unemployment rates and the informal job market

    51. Unemployment rates have increased significantly in recent years. Although this phenomenon continues to be seasonal (please see chart 8), annual average rates have increased quite a bit and have tended to stabilize at historically high levels. These unemployment rates are nevertheless considered to be reasonable in international terms.

    52. Before continuing, it should be noted that the positive reaction of the job market this year has led to slight drops in unemployment. The drop in unemployment has occurred slowly, for reasons that will be discussed later in this paper.

    Chart 8
    Unemployment rate, metropolitan Brazil (%)

    G014615608.jpg

    Source: SMEIBGE.

    53. The increase in the unemployment rate has been caused by a number of factors. In addition to the productivity gains mentioned above, in the case of Brazil the macroeconomic programmes adopted in response to the Asian crisis (1997), the Russian crisis (1998) and, finally, as a result of Brazil’s own foreign exchange crisis in early 1999 have also had an effect. On these occasions the Government was forced to adopt measures that although severe from a fiscal point of view, were justified by the need to preserve Brazil’s macroeconomic stability.

    54. In terms of public policies, it should be stressed that unemployment does not affect all social groups equally. A more detailed analysis indicates just which groups are harmed most. As can be seen in chart 9, unemployment rates are higher among women than among men; they are also higher among the offspring rather than heads of families and spouses (in 1999 the unemployment rate for heads of household was approximately 5 per cent, whereas among their children it was over 13 per cent); among workers over the age of 40 the unemployment rate hovered around 4 per cent and among young people in general it was 15 per cent. The statistics mentioned above indicate that heads of household, who produce more family income than other family members, have thus far suffered less from unemployment.

    Chart 9
    Average unemployment rate, 1999, metropolitan Brazil (%)

    G014615609.wmf

    Source: SMEIBGE.

    55. Since the early 1990s the Brazilian Government has detected an increase in the number of people working in the informal job market. However, available data and the reflections mentioned above lead one to the diagnosis that this phenomenon is not related to a drop in the dynamism of the economy as a whole. Instead, the increase in the informal job market should be explained after examining other factors that explain the way in which the job market itself works.

    56. Naturally enough, there are a number of reasons for the existence of an informal job market in Brazil, including the disincentives caused by the Social Security System and Brazilian labour laws, and the peculiarities of the micro and small businesses where a great many informal workers are concentrated. Nevertheless, two of these factors are fundamental. The first involves the fact that the new forms of production and labour relations tend to increase the number of selfemployed workers, thanks to outsourcing. In other words, a number of the responsibilities that used to be carried out within companies have now been outsourced, which in turn has reduced the number of people who are directly employed by such companies. The second factor is the relative increase of jobs in the services sector to the detriment of jobs in the industry sector. Because the services sector is more likely to generate informal jobs, the increased importance of the services sector alone is enough to explain the growing number of informal jobs in the labour market.

    Wages

    57. The question of informal jobs draws our attention to the precarious nature of labour relations caused by the loss of workers’ rights and even of remuneration. Nevertheless, available indicators do not provide clear information regarding a possible link between an increase in the number of informal jobs and an increase in the precarious nature of such activities, especially with regard to income, as can be seen by the data in chart 10.

    58. Despite the fact that growing numbers of workers do not use proper labour documents or are selfemployed, it is precisely these two groups of workers that have enjoyed the greatest increase in income since 1991. It should also be underscored that chart 10 reveals that the services sector (which is more likely to generate informal jobs) is precisely where workers showed the greatest positive variation in wages. Furthermore, for the period in question women received wage increases that were substantially higher than for men.

    Public policies for income and wages

    59. Brazilian government programmes that fall within the purview of the Ministry of Labour and Employment are based primarily on three pillars: first, measures designed to create a public employment system and second, measures designed to increase job opportunities by providing credit. Finally, measures to modernize the regulatory framework that governs relations between management and labour.

    Chart 10
    Variation in real average wages, 199199 (%)

    G014615610.wmf

    Source: SMEIBGE.

    60. The public employment system being created in Brazil centres on the Unemployment Insurance Programme. The Programme is responsible for the three basic thrusts of employment policies: to begin with, benefits from the unemployment insurance programme, which provides temporary financial assistance to unemployed workers whenever they have been laid off; then, employment intermediation designed to put the worker back into the job market quickly and easily, by reducing costs and waiting periods incurred by both wage earners and employers; finally, professional training programmes, designed to train workers and increase their employability, thus contributing to their professional entry and/or reintegration into the job market.

    61. Usually these activities are run in a decentralized way via the National Employment System (SINE), formed by private organizations hired by the State Labour Secretariats in conjunction with other partnerships involving professional education programmes, universities, the “S” System, trade unions and others. Local Employment Commissions are also involved in such efforts.

    62. Between 1986 and 1999, approximately US$ 23.5 billion were spent on unemployment insurance; jobs were found for 43,701,063 of the 45,626,413 applicants, which is equal to an eligibility rate of 95.78 per cent. The average benefits for the period in question were 1.54 minimum monthly wages. During the fouryear period 19911994, the number of workers receiving unemployment insurance each month averaged 316,000, which is equivalent to an annual average of approximately 3.8 million people. For the fouryear period 19961999, the number of workers receiving unemployment insurance averaged 363,000 a month, equivalent to an annual average of 4.3 million people. In fact, 1995 can be considered to be a “watershed” year, separating two different patterns with regard to the number of workers receiving unemployment insurance each month.

    63. In 1999, 4.2 million workers benefited from this programme, which cost a total of Cr$ 3.83 billion, equivalent to approximately 2.13 billion dollars, or 0.4 per cent of Brazil’s GDP. In macroeconomic terms these expenditures are important because the volume of money injected into the economy was helpful in attenuating the impact of unemployment. Average benefits in 1999 were 1.55 minimum monthly wages, representing approximately 34.0 per cent of the average real wages of salary earners in the main metropolitan regions in Brazil, a number that is equivalent to figures observed in other countries.

    64. The Manpower Intermediation Programme is one of the key thrusts of the National Employment System SINE. SINE provides this interface by drawing on information from workers that seek out SINE services in search of jobs and by drawing on information regarding the requirements for positions to be filled and available through the System. This intermediation involves the following activities: workers go to SINE counters or offices and register. Information on job opportunities is received from prospective employers, and the workers who have registered are then referred to employers who give them jobs. Over the last four years these variables have grown considerably with the progressive increase in the “number of positions found” and the number of employees “placed” in these positions. The surge in the number of openings and people who found jobs in 1999 was impressive. This relates to an ongoing process under which “administrative competition” has been created among public organizations (State Labour Secretariats) and private organizations (trade unions), thus contributing significantly to SINE system results.

    65. In 1995, the Minister of Labour and Employment created the National Worker Qualification Plan (PLANFOR) for the purpose of coordinating, mobilizing and optimizing the capabilities, competence and resources available for the provision of vocational education in Brazil, by developing and strengthening a national network of public and private agencies. The idea is that the network will provide enough qualification programmes to meet the needs of at least 20 per cent of the economically active population (EAP) per year.

    Table 18
    Manpower Intermediation: comparisons for the years 19951999

    Variables
    1995
    1996
    1997
    1998
    1999
    1996/95
    1997/96
    1998/97
    1999/98
    Registered workers
    1 127 436
    1 320 766
    1 859 336
    3 124 079
    3 763 187
    17.14%
    40.78%
    68.02%
    20.46%
    Openings
    380 714
    385 645
    452 166
    653 392
    1 043 771
    1.29%
    17.25%
    44.50%
    59.75%
    Referrals
    638 623
    635 878
    774 151
    1 074 931
    1 665 778
    0.42%
    21.75%
    38.85%
    54.97%
    Job placements
    149 399
    154 958
    210 060
    287 580
    422 498
    3.72%
    35.56%
    36.90%
    46.98%

    Source: CSINE/CGEM/DES/SPPE/MTE.

    66. The second basic pillar for government labour policies involves the Employment and Income Generation Programmes, which focus primarily on micro and small businesses, cooperatives and the informal sector of the economy. Credit lines and training programmes are

    matched to produce jobs and income. The programmes involved in this effort are called PROGER (Job Creation and Income Generation Programme), Rural PROGER and PRONAF (National Programme to Strengthen Family Farming).

    67. Created in 1995, PROGER has become one of the stronger tools available to Government and society when extending credit lines to small and very small businessmen and women in urban and rural areas, as well as their associations and selfemployed workers. The programme has also helped promote family farming in partnership with the Ministry for Agrarian Development by providing funds through PRONAF. From mid1995 until December 1999, PROGER signed contracts for 2.07 million credit operations, spending a total of Cr$ 9,560,000,000 (equivalent to approximately US$ 8,020,000,000). The average contract was worth Cr$ 4.605 (approximately US$ 3.860).

    68. It is estimated that PROGER created or saved approximately 3.5 million jobs between 1995 and 1999, whereas PRONAF created or saved approximately 8.3 million jobs during the same period. This information is drawn from an evaluation carried out by the Brazilian Institute for Social and Economic Analyses (IBASE).

    69. In addition to the programmes that target small and very small businessmen and women, it is worth mentioning two additional programmes. These are the Programme to Foster Jobs and Improve the Quality of Life of Workers (PROEMPREGO) and the Programme to Expand Job Opportunities and Improve the Life of the Worker (PROTRABALHO). These two programmes focus on strategic sectors that are fundamental to sustained development and the improvement of the quality of life for workers (such as mass transportation, infrastructure for tourism, and infrastructure works designed to increase Brazil’s competitiveness).

    70. PROEMPREGO was created by the Deliberative Council of the Worker Protection Fund (CODEFAT). Its purpose is to create new jobs, enhance income for workers, provide better quality of life for the population at large (particularly lowincome groups) and reduce production costs visàvis international standards. At the same time the programme strives to preserve and expand job opportunities while guaranteeing a proper balance in terms of the environment. The financial arm of the Programme is handled by the Brazilian Economic and Social Development Bank (BNDES), Brazil’s national development bank, which provides funding to the Fund to Support Workers (FAT) to be used in making investments in the following subsectors: mass transportation, infrastructure to improve competitiveness, environmental sanitation, infrastructure for tourism and revitalization of industrial subsectors. Since it was created in 1996, PROEMPREGO has invested more than Cr$ 5 billion.

    71. PROTRABALHO was also created by CODEFAT. PROTRABALHO was designed to provide investments in economic and social infrastructure projects in the northeastern region of Brazil and in the northern part of the State of Minas Gerais. The idea is to increase the number

    of direct and indirect jobs, to enhance the competitiveness of the production sector, to finance sectors that are strategic to regional development and to improve the quality of life of workers.

    The principle subprogrammes under PROTRABALHO are projects that focus on integrated development hubs, basic sanitation, garbage recycling and tourism. By the end of 1999 PROTRABALHO had handled approximately Cr$ 500 million.

    72. Finally, there is the Programme of Credit Lines for GrassRoots Production, which seeks to do three things: first, to guarantee the feasibility of new funding mechanisms to be used in generating jobs and income to meet the needs of lowincome groups, while also allowing workers in the informal sector, among others, to access such credit. The monies may be used for the purpose of selfemployment or to form labour cooperatives that allow such people to survive, grow and eventually legalize their businesses; second, to create investment alternatives to generate jobs, particularly among very small businesses; third, to increase the productivity of the undertakings covered by the Programme by providing incentives to fixed investments in association with management training for the entrepreneurs. Such efforts will minimize business risks and allow these very small businesses to grow, while encouraging them to legalize their operations. Between 1996 and March 2000, the Programme had handled a portfolio of over Cr$ 60 million, comprising past and ongoing transactions as well as those still under analysis.

    73. The third basic pillar involves institutions whose activities range from labour market functions to activities leading to more mature labour relations. The degree and the nature of market regulation can ease or constrain the capacity of the job market to respond to economic growth; it can attenuate or aggravate conflicts between management and labour. Therefore, another set of federal government programmes targets the need to reform labour relations in Brazil. Such a change is required to ensure that labour relations will adjust to new standards of negotiation between management and labour that will be more fully in line with the current social, political and economic dynamic in Brazil. Institutions involved in the labour market must adapt their operations, as must labour legislation, to the requirements of an open and competitive economy. This would ease the transition to a system of negotiations that would be nimble, flexible and democratic as opposed to the current system, which is characterized by being rulesbased, rigid and authoritarian.

    74. Efforts to modernize labour relations in Brazil advocate the free convergence of interests as the proper way in which to settle disputes, instead of denying interests or shifting the responsibility for handling such problems to the State. The idea, therefore, is to create a democratic system that will seek solutions to labour issues by following a path of understanding with a view to allowing players to settle their own issues.

    75. The new framework of labour relations visàvis employment policies will play an important role in providing workers with greater decisionmaking power in the workplace. More room for negotiation generates greater flexibility regarding the job, thus avoiding situations where layoffs would be the inevitable result of an economic adjustment process at the company level.

    76. In order to attain these objectives the Federal Government has defined a set of reforms, notably, alterations in the 1988 Constitution and in the Consolidated Labour Laws (known as the CLT). The idea is to strengthen the hand of trade unions, adopt labour union plurality as a way to make worker representation more democratic, eliminate compulsory union dues and change the pace and nature of the transition. The result should be a system that will be less rulebased and more apt to involve negotiations.

    Encouraging productivity

    77. The Brazilian Government’s policy for the labour market is designed primarily to increase the number of jobs; however it also seeks to increase productivity. The intermediation system is a tool designed to fight the unemployment that results from the very slow information flows regarding the supply and demand of jobs. This programme seeks to increase the allocative efficiency of labour visàvis real and potential demand, which evidently will lead to gains in the form of increased productivity in the workplace.

    78. Another institution that is contributing in a decisive way to increase productivity is the professional qualifications training system.

    79. Credit programmes targeting job creation are, in part, implicitly designed to transform the actual working conditions in Brazil, which translates into obvious results in terms of increased productivity in the workplace. PROEMPREGO, for example, was created by a law which states that the Programme is “... designed for investments in mass transportation; environmental sanitation; infrastructure for tourism; works of infrastructure targeting improved competitiveness in Brazil; and revitalization of industrial subsectors in regions suffering from unemployment”. In addition to the direct objective of job creation, employment policies that use credit lines are also designed to be a tool to improve industrial policy, infrastructure policy, and regional policies.

    80. Similarly, the Government’s economic policy, designed primarily to achieve macroeconomic stability, also enhanced the productivity of labour (see chart 7). Some people believe that the increase in productivity in turn led to a reduction in the creation of new jobs. As far as the Brazilian Government is concerned, restructuring production is imperative if the Brazilian economy is to increase its competitiveness. Competitiveness will also depend on more years of schooling and better professional qualifications among the labour force at large. These measures will, in turn, create new jobs and income opportunities for Brazilians, the ultimate objective of economic growth.

    81. The next question addresses provisions in Brazil that guarantee freedom of choice regarding jobs and the nonviolation of fundamental, political and economic freedoms at the individual level, as a result of conditions in the workplace. The Brazilian Government feels that article 5, paragraph XIII, of the Federal Constitution of 1988 is worth quoting: “Anyone may freely practise any work, trade or profession, pursuant to laws on required professional qualifications”.

    82. The constitutional provision mentioned above stipulates freedom to work and recognizes the individual freedom to exercise any type of socially useful activity, as long as certain conditions are fulfilled (professional qualifications) when so determined by law.

    83. Other provisions of the 1988 Federal Constitution also determine the right to a job, albeit indirectly, by guaranteeing the right to unemployment insurance in cases of involuntary unemployment (art. 7, para. II). In Brazil, this benefit takes the form of monetary payments

    during a certain period after the worker has been laid off due to no fault of his or her own. The money is meant to provide them with a livelihood until they find a new job in the labour market. The enforcement of such mechanisms is an additional protection to the right to work.

    84. Article 5, paragraph XIII, of the Constitution not only guarantees the right to work in a broad fashion, but also assumes that the fundamental economic and political freedoms of citizens will be respected so that they can exercise their right to any job, craft or profession. Continuing with an examination of the Constitution’s handling of this issue, it is worth mentioning that an additional guarantee is enshrined in paragraph VIII of article 5, which determines that “no one shall be deprived of any rights by reason of religious belief or philosophical or political conviction, unless he invokes it to exempt himself from a legal obligation required of all and refuses to perform an alternative obligation determined by law”.

    85. In regard to fundamental economic freedoms, the Constitution guarantees the right to receive the minimum monthly wage needed to cover the basic and vital needs of the family (housing, food, education, health, leisure, clothing, hygiene, transportation and social security). The minimum monthly wage is subject to periodic readjustments, which attempt to bring it more closely in line with indicators on buying power. The issue of the actual worth of the minimum monthly wage involves not only the considerations mentioned above but also the need to foster economic development and growth. Brazil has attempted to balance both thrusts despite shortterm difficulties. This issue is hotly debated by Brazilian society.

    Capacitybuilding

    86. Any discussion of technical and professional training programmes should include a description of the National Worker Qualification Training Plan (PLANFOR), which began in 1996 as part of a social development project designed and implemented by the Government. PLANFOR is part of the active policy framework adopted by the Public Employment System which, in turn, is financed by FAT. It includes unemployment insurance, intermediation for manpower requirements and programmes to generate jobs and income. PLANFOR was created not as a mass training programme, but above all, as a strategy to coordinate, strengthen and/or restructure vocational training possibilities. This is a key factor in the gradual and participatory construction of public policies targeting jobs and income generation, enhanced competitiveness and the promotion of equal opportunities in the labour market. Two mechanisms were gradually developed in order to implement PLANFOR and were geared to follow guidelines regarding participation, decentralization and the strengthening of local implementation capabilities.

    87. The first mechanism comprises the State Qualification Plans (PEQs), under the coordination of the State Secretariats of Labour. This mechanism is implemented via agreements involving the state governments, the Ministry of Labour and Employment, and the Secretariat for Public Policies and Employment. The mechanism is subject to the approval of State Employment Committees and to negotiations with Municipal Employment Committees. The second mechanism involves national and regional partnerships implemented via agreements, technical cooperation accords, protocols of intent with governmental and nongovernmental organizations (labour unions, associations, foundations and universities) designed to implement programmes and projects at the regional or national level after approval by CODEFAT.

    88. Another PLANFOR priority involves programmes to provide training or retraining for workers with insufficient schooling, for employees that have been affected by production restructuring programmes or technological modernization programmes, for beneficiaries of unemployment insurance, small farmers, and workers in the informal market in urban and rural areas. PLANFOR also develops methods and produces studies and educational materials to provide support for professional qualification training activities.

    89. PLANFOR’s overarching goal is to provide public education that will be capable of training at least 20 per cent of the economically active population over the medium and long term. In numbers, this translates into approximately 15 million people (PLANFOR estimates that the economically active population over 16 years of age the minimum age for the workplace comprises more than 70 million people, whether employed or not). The 20 per cent target mentioned above can be explained in light of the view that this is the minimum level required to guarantee that every worker will have the chance to undergo refresher training every five years, although the Government does recognize that this in and of itself is not enough, given the transformations in the worldwide economy and labour market.

    90. PLANFOR has trained/retrained 8.3 million workers since its inception, in a major effort to increase the skills and productivity of Brazil’s work force, by investing Cr$ 1.4 billion during this period. In 1999, approximately 2.6 million workers drawn from the economically active population in urban and rural areas were trained or retrained at a cost of Cr$ 356 million from FAT. This money was spent on economic sectors such as, agriculture, fishing, industry, the building trades, tourism, public administration, health, education, culture and others. Efforts to provide professional training under the aegis of PLANFOR have already involved over 70 per cent of Brazil’s 5,500 municipalities. Special emphasis has been placed on the poorest regions because PLANFOR has been instructed to focus on the “tip” where the most vulnerable segments of the population are concentrated. These lowincome groups are the victims of a social, economic and cultural divide and, for this very reason, find it harder to access other vocational training alternatives.

    91. PLANFOR is also involved in other social welfare and human rights programmes, with a view to promoting equal opportunity in the workplace and development accompanied by social equity. These training programmes target women, AfroBrazilians, the handicapped, civilian and military police, prisoners, caregivers for the elderly and educators in daycare centres for small children. In line with the focus on sustainable development, PLANFOR is promoting a new and original effort to increase schooling levels for men and women who work in Brazil. As part of

    this effort, 3,000 distance education classrooms are being set up throughout Brazil to transmit the Telecurso 2000 programme. When necessary, adaptations are included to meet the needs of the hearing impaired.

    92. The Government’s intention is to improve services provided to groups that would have no other enhancement opportunities if not for such proactive policies. This is because of the poverty and the low schooling levels in these groups (including the unemployed, young people seeking their first jobs, people employed on small farms, owners of small urban businesses, as well as the population groups mentioned above who are the priority for social and human rights programmes). PLANFOR also reflects the Government’s intentions when it targets sectors and activities deemed to have great potential for job and income generation. These sectors will be able to provide jobs to those in training. Examples include tourism, small farms (including rural settlements in support of the Agrarian Reform Programme), and export activities at a micro and small business level).

    93. In quantitative terms and in terms of the innovations under implementation, there has never been a programme as ambitious as PLANFOR in all of Brazil’s history. The Brazilian Government believes that this programme has no equal elsewhere in Latin America either. During the second implementation phase in 19992002, PLANFOR intends to consolidate the progress achieved thus far via efforts to build a new system of public educational institutions in Brazil and to include the topic of “training” on the public employment system’s agenda.

    94. The guidelines on the form and content of reports to be submitted to the Committee on Economic, Social and Cultural Rights suggest that constraints and efforts to overcome them be reported. The Brazilian Government would like to thank the Committee for the opportunity to describe the difficulties met in attempting to reach full employment, while underscoring the tremendous effort being made to overcome such difficulties. The section of this report that addresses labour market indicators mentioned the fact that unemployment in Brazil, particularly in recent years, has involved more than the mere absence of economic growth. Unemployment also involves the proportionally larger increase in economic productivity in comparison with actual output/production increases for the same period. However, this point should not be assessed in a negative way because productivity gains also indicate improved international competitiveness and open up significant prospects over the medium to longterm that may benefit the very men and women who work. The fact that the economy rebounded so strongly, especially in 2000, was expected to reduce current unemployment rates. However, as was also mentioned above, this reduction will probably be rather slow because of the fact that increased participation rates reveal pressure in terms of the supply of jobs.

    95. With regard to the right to work, the Brazilian Government has concentrated its efforts in recent years on two major interconnected and interdependent thrusts: first, the implementation of policies to foster job creation, vocational training and worker protection (these policies were described above in the comments on various other items); second, the modernization of labour law institutions with a view to creating conditions favouring the expansion of quality jobs, reducing the costs of hiring the labour force, and injecting energy into the dialogue between management and workers. On the one hand, the current labour regulation system is still excessively rulesbased and dependent on State decisions. It is marked by a predominance of

    conflicts. On the other hand, one finds an increasingly open economy and the aspirations of a democratic and participatory society. Measures adopted by the Government in the field of labour relations are being designed to overcome the gap. It is generally felt that labour laws unified under the CLT include rules that are so rigid and specific that they are totally outdated with regard to new production paradigms and labour force management requirements. Furthermore, such legislation is excessively burdensome in terms of the labour costs involved. The Federal Constitution enacted in 1988 did in fact make significant progress in terms of individual and collective freedoms, as well as in regard to the prestige that attaches to labour negotiations. Even the Constitution, however, left a part of the old regulatory system governing labour markets intact. An example is the closed trade union model that allows unions to enjoy a monopoly in terms of representation and that levies compulsory union dues that all workers must pay.

    96. Government initiatives designed to modernize labour relations have focused primarily on two dimensions: first, changes in the legal and judicial framework and second, the development of a culture of negotiations involving all players in the production system. Both types of initiatives have increased the dialogue involving management confederations, trade union confederations and other organizations that represent the public in Brazil.

    97. A number of changes in legislation have come into force. Several of them are worth highlighting because of the expected impact on job levels and expected changes in terms of relations between management and labour:

    (a) Wage deindexation (Provisional Measure 195059 of 6 January 2000), complementing Brazil’s economic stabilization plan called the “Real Plan”. This Provisional Measure states that wages and other conditioning factors in the workplace will be set and reexamined once a year, on a specific “basedate”, via free collective bargaining. Furthermore, the Provisional Measure reinforces the role of mediation, whether public or private, in labour negotiations;

    (b) Employee participation in company profits or results (Provisional Measure 198265 of 10 December 1999): profitsharing is not a subjective right, but is viewed as the result of collective bargaining and as a way to encourage increased productivity. Such profitsharing is remuneration that is considered to be of a nonwage nature and therefore not subject to payroll taxes;

    (c) Opening hours for retail stores on Sundays (Provisional Measure 198265 of 10 December 1999): this decree eliminates constraints regarding opening hours on Sundays, but does include a legal caveat with regard to municipal jurisdiction;

    (d) The institution of fixedterm contracts (Law 9601, 21 January 1998 and Decree 2490/98), targeting the need to meet special seasonal or company needs in any sphere of activity. The Law protects workers’ rights and, furthermore, requires that for this type of contract to be signed, there must be advanced authorization contained in a collective agreement or accord, as well as proof in terms of the increase in the number of employees. The companies

    benefit from reduced hiring costs if all legal requirements are met, because they pay less into certain funds, which are funded by payroll taxes, for example, the FGTS (Length of Service Guarantee Fund). Companies are also exempted from paying a fine, based on deposits in the FGTS on the occasion of contract termination;

    (e) The creation of a “comp time bank of hours” mentioned in Law 9601 above. This system to provide compensation for overtime allows companies to adapt the workdays of their employees to variations in production without requiring special remuneration for overtime. Overtime can instead be compensated for by time off during periods in which there is less demand. The law determines rules for the “comp time bank of hours” operations: compensation must be provided within a year and during the term of the work contract; advance authorization in the form of a collective agreement or accord; and observance of the maximum 10hour workday (2 hours’ overtime);

    (f) The creation of parttime work systems (Provisional Measure 195219, of 6 January 2000) to be used when hiring people for a workload that shall not exceed 24 hours per week. The legalities involved must preserve all workers’ rights, including the value of the wages in proportion to the workday and in relation to the wages of employees carrying out the same duties on a fulltime basis. This system strengthens the institution of collective bargaining because it requires advance approval by current employees visàvis the adoption of the new system. The system also requires that the new rules must be set forth in the form of a collective agreement or accord. This measure is meant to be beneficial both for employers, by allowing them to reduce their payrolls, as well as for employees, whose need to earn income sometimes coexists with other interests. This is typically the case of students or parents of small children;

    (g) Labour contract suspensions tied to professional training (Provisional Measure 195219, of 6 January, 2000). This rule determines an alternative to firings and to turnover in the workplace because it allows companies to suspend an employee’s contract for a period of two to five months, while offering the same employee a professional training course of the same duration. Under this situation, the employee receives a training stipend very similar to unemployment insurance. This contract modality may only be used if the employee agrees in advance and if there is authorization for the use of such a contract in the form of a collective agreement or accord. Such agreements may stipulate an increase in the value of the stipend to be paid by the employer and may also extend the term during which the suspension will last, during which period the allowance or stipend will be paid by the employer;

    (h) Broader internship/externship possibilities: the decree mentioned above also determines provisions regarding greater use of students in the workplace. These students may be taken on as trainees, as long as they are in secondary school. This is in addition to the interns who were already permitted under current legislation (those in higher education, vocational schools or special education schools). The internship/externship does not constitute an employment relationship of any nature. The intern may receive a stipend or any other type of allowance that may be agreed to;

    (i) The creation of AdvanceReconciliation Committees (Law 9958 of 12 January 2000): this law authorizes companies and trade unions to create advancereconciliation committees, comprising an equal number of representatives from management and labour, for the purpose of seeking to solve individual conflicts in the workplace. The Law states that the committee, to be set up by the trade unions, will have both its bylaws and operations defined by collective agreements or accords, and also guarantees job tenure to the employee representatives on the committee. Where such committees exist, conflicts must be heard by them before a labour lawsuit can be filed. The reconciliation statement is a document that is held to be valid with regard to commencing an execution process. No ruling is required from the courts on the merits that attach to the case and the execution process can be initiated if the agreement that had been reached is flouted. The purview of this instrument is designed to encourage selfresolution of conflicts to ease the cost to companies of paying for lawsuits and to ease the burden on labour courts stemming from the large number of lawsuits targeting economic clauses in labour contracts.

    98. In addition to these measures, which are already in force, there are two important proposals in terms of labour laws that are worth mentioning:

    (a) A proposed constitutional amendment PEC 638/98 prepared by the executive branch to modify articles 8, 111 and 114 of the Federal Constitution. These amendments seek to extinguish the monopoly of trade union representation called “single trade unions”, thus guaranteeing wide freedom with regard to the creation of trade unions without requirements involving affinities among professional categories or economic groups and territorial basis. This amendment also ends obligatory trade union dues (“contributions”) built into current laws that are mandatory even in the case of people who have not joined trade unions. The proposed constitutional amendment also reviews the rulesmaking power given to the labour judiciary, while preserving its right to provide optional arbitration in collective conflicts of an economic nature and to solve individual and collective lawsuits of a legal nature. This proposal was attached to proposed constitutional amendment PEC 346/96 which covers the reorganization of the labour arm of the judiciary and which is currently being held for consideration by special committees in the lower house of Parliament, the Chamber of Deputies;

    (b) Bill of Law 3003/97, designed to guarantee the financial independence of trade unions, instead of the mandatory trade union contribution or levy. There would be a socalled “negotiated contribution” that would be determined during collective bargaining.

    99. Changes in the right to employment have also affected the way in which wages are set in the private sector. In a provisional measure designed to complement the Real Economic Stability Plan, wage indexation was extinguished. This was the mechanism designed to ensure that the buying power of wages would be maintained but which fed spiralling inflation. The same provisional measure required that wages and other workplace conditions be set and reviewed on the respective “basedates” of each professional category, once a year, via freely conducted collective bargaining. During such bargaining, the parties may use the services of a public or private mediator appointed by them, jointly or, on their request, of the Ministry for Labour and Employment, in accordance with procedures defined by the administration in Decree 1572 of July 1995. These legal acts are complemented by administrative standards, for example,

    Directives 817 and 818, dated 30 August; and Directive 865, dated 14 September 1995. These rulings detail the criteria for participation by a public mediator in workplace conflicts and his or her registration by the proper authorities, while also defining criteria involved in oversight of workplace conditions reached by collective agreements or accords.

    100. In addition to the changes in the regulatory framework in the labour market, Brazil’s Government has also implemented an intense programme of seminars, training and similar activities in recent years with a view to promoting a debate on the collective hiring systems most suited to Brazil’s reality. This has been done while training public representatives and players representing management and trade unions at the same time in which efforts have been made to consolidate a culture of negotiation in workplace environments. These events have brought together highly qualified representatives from the Ministry of Labour and Employment from the Labour Branch of the Judiciary, from the Public Ministry for Labour Affairs.[3] and from organizations that represent management, labour and civil society. It must be emphasized that in such undertakings the Government has enjoyed the cooperation of the International Labour Organization (ILO), which has provided experts, methodologies, expertise and funds.

    101. The autonomous model to be used in regulating the workplace has rapidly become the instrument of choice when bridging the clashing interests of management and labour, despite Brazil’s tremendous economic, social and cultural diversity, which is reflected in the different stages of maturity reached in terms of labour relations. This view is corroborated by the considerable increase in the number of collective agreements and accords that have been signed in recent years. In fact, the Ministry of Labour and Employment has a national System of Statistics on Collective Bargaining (SENC), whose data revealed that, in 1997, 9,826 collective instruments were registered, a number which increased to 15,456 in 1998 and 16,713 in 1999. SENC figures also reveal that during the same respective periods, 8,258, 10,213 and 9,700 public mediation procedures to resolve labour contract conflicts were handled by regional labour offices.

    102. A brief analysis of the content of these collective instruments clearly evidences the increasingly varied nature of negotiation agendas, as clauses relating to contemporary problems are progressively incorporated. These include job preservation schemes, profit and resultssharing, productivity, training, and flexible conditions. The agenda of topics for negotiation, which in the past was restricted to salary and benefit adjustments, is sending out clear signals regarding the growing maturity of the players involved in such negotiations and the fact that they are more fully in sync with today’s workplace challenges.

    103. The Brazilian Government would like to point out that national legislation does not create any distinctions, exclusions, restrictions or preferences among persons, or groups of persons, on the basis of race, colour, gender, religion, political opinion, nationality or social origin, which have the effect of nullifying or impairing the recognition, enjoyment or exercise of the quality of opportunity or treatment in employment or occupation. This status of full equality is reinforced by the fact that Brazil is a country that has admitted the problem of employment and occupation discrimination to the international community. In 1995, the Government recognized, in a meeting of the Committee on Standard Enforcement during the 82nd International Labour

    Conference of the ILO, that discrimination was a problem and requested the technical assistance of the ILO to help Brazil do a better job at enforcing the provisions of Convention No. 111, both in terms of legislation and in practice. Brazil submitted its most recent report to the ILO in 1999. During the last meeting of the Committee on the Enforcement of Standards under the International Labour Conference, Brazil was invited to present its experience and discuss the efforts that the Brazilian Government has been making to fight all forms of discrimination in employment and occupation, and its efforts to implement the Convention mentioned above.

    104. At that time, the Government disseminated a great deal of information regarding these issues; the information is repeated in this report. In October 1995, a National Tripartite Seminar was held, which opened the door to attempts to end discrimination in Brazil. At the National Tripartite Seminar, efforts were made to involve organizations representing management and labour in an examination of the theme in order to ensure that something would actually be done to solve the problem. As a result of the Seminar, two working groups were created. One is the GTEDEO (the Working Group for the Elimination of Discrimination in Employment) and the

    other, under the aegis of the Ministry of Labour, is the GTM (Multidisciplinary Technical

    Group). In order to follow up on any action taken, a programme called BRAZIL, GENDER

    AND RACE was launched in 1999, with the assistance of the ILO. Since its inception, this programme has enjoyed tripartite participation; it was also set up to disseminate the principles enshrined in the Convention.

    105. The Government is committed to publicizing the ILO Convention as widely as possible. The fact that the target sectors today enjoy greater awareness of the problem can be illustrated by the fact that the “Grito da Terra/Brasil” (“The Cry from the Land/Brazil”) movement included the enforcement of the Convention on the list of demands presented by the National Confederation of Workers in Agriculture (CONTAG). Efforts to publicize the Convention are achieving such broad coverage that information is reaching rural zones.

    106. Nevertheless, the Government recognizes, as it did in the presence of the ILO, that countless problems involving discrimination still occur in the workplace. This is true despite the fact that in social, economic and cultural terms discrimination involves the violation of one of the most fundamental human rights covered by the International Covenant. One of the key difficulties worth mentioning has to do with proving allegations of discrimination in a number of cases. In order to do so, greater awareness of employee rights and employer obligations is necessary. In 1998, the Government began to establish “Units to Promote Equal Opportunities and Combat Discrimination in Employment and the Workplace” in order to strengthen its efforts to enforce antidiscrimination standards. This was done in 16 of the 27 regional labour offices and at least one unit is going to be created in each of the remaining offices.

    107. The Units are authorized to receive denunciations regarding all forms of discrimination under the ILO Convention. Once a complaint has been received, the labour investigators look into the facts and the circumstances and attempt a solution by reconciliation. If no settlement is reached, the case is sent to the Public Ministry for it to take the proper legal steps. Information has been received regarding the period from January to March 2000, indicating that

    five of such units received 80 complaints of discrimination of which about 80 per cent were settled. The complaints were brought in reference to discrimination involving gender (42 per cent), workplace accidents and occupational diseases (29 per cent), health (12 per cent), age (5 per cent), people with disabilities (4 per cent), race and colour (1 per cent) and other (3 per cent). It has become clear that the main victims of discrimination are black women. Of the 522 cases of complaints presented by HIVpositive people, 513 were settled.

    108. It is worth mentioning that the Units in the regional offices are currently setting up databases in which to store information about discrimination, complaints or denunciations, events, number of cases and how they were settled. Furthermore, questions on race and colour are being included in statistical registration forms of an administrative nature in the Ministry, such as the General Registry of Employees and Unemployed People (CAGED) and the Annual Report on Social Information (RAIS).

    109. The Committee on the Enforcement of Standards under the International Labour Conference reached the following conclusion:

    “The Committee would like to thank the Government for the detailed verbal information and took note with interest of the discussion which immediately followed. It recalled the principal violations of the Convention observed previously by the Committee of Experts and by the Committee on Standards of the Conference and the progress achieved in dealing with such issues with the assistance of staff members, which was also noted by the Experts Committee. It also took note of the great interest in a great many programmes and activities developed by the Government for the purpose of promoting human rights in Brazil, particularly, equality in accordance with convention principles at the same time in which it does not hide the fact that certain problems still exist in practice. The Committee requests of the Government that it send detailed information on concrete and tangible results achieved by such activities, including reports, studies and statistics as well as other indicators, particularly with regard to changes in the economic participation rates of women and various racial minorities, ethnic groups and indigenous peoples. It encourages the Government to assess the progress made and to provide detailed information on these various aspects in the next report to be sent to the Experts Committee.”

    110. Because it wishes to provide a broad range of information to the Committee on Economic, Social and Cultural Rights, the Brazilian Government would also like to point out additional aspects of the PLANFOR programme that it considers to be of extreme importance. One of these is the fact that the Plan has incorporated the guidelines of the National Plan on Human Rights of Convention No. 111 and the proposals of the GTM, GTEDEO and GTI (Working Group on Informatics). The proposal on vocational education targeting the economically active part of our population is very broad in nature. It covers the full diversity of people in that group and attempts to guarantee access to vocational training without discrimination or a selection process of any other nature such as age, sex, race/colour, years of schooling and disabilities, while simultaneously trying to guarantee the priority that should be given to the most vulnerable groups or those that are most subject to exclusion (a guideline which was added to CODEFAT resolution 194/98).

    111. In order to add the dimension of gender, a number of efforts were made to advance concepts and work in coordination with others in order to discuss and perfect proposals, as well as to train and raise the awareness of labour secretariats and other interlocutors involved in implementation. The following activities that were developed are worth mentioning: support and guidance to forums and councils on women in States and municipalities to mobilize their representatives in State and municipal labour committees; organization or sponsorship of seminars, congresses and workshops involving governmental and nongovernmental organizations that work on women’s issues; and support for the production and/or distribution of conceptual texts. This full set of measures has translated into advances in dealing with the issue of gender within the framework of public policies and has helped to ensure broad participation by women in PLANFOR programmes while, at the same time, it has achieved qualitative progress in terms of gender issues in vocational and professional training.

    112. The result of all these activities with regard to a gender perspective is very positive. In quantitative terms, one sees that a growing number of women are participating in PLANFOR the number grew from 41 per cent in 1996 to 49 per cent in 1999. This means that of the 8.3 million people trained between 1995 and 1999, 48 per cent are women in other words, approximately 4 million people.

    113. On the other hand, the black community faces a great many difficulties in the labour market, among which we can mention: jobs requiring less qualification, lower salaries, obstacles to promotions. These difficulties are accentuated when there is a convergence of characteristics such as gender and race or colour. The situation becomes even worse when we talk about people from lowincome groups or those with very few years of schooling.

    114. The Government deemed that a reasonable step to take in this case would be to initiate negotiations and discussions with organized segments of the black community to permit the inclusion of the variable race/colour in statistics on professional training, in order to have materials available that would ensure more accurate diagnoses and consequently positive policies that would be more adjusted to real needs in this area. Currently, PLANFOR does have access to more complete information on race and colour of people in training programmes. PLANFOR is in fact the only largescale public education programme in Latin America that has developed this statistical perspective.

    115. Thanks to these developments in registration systems, we can now estimate that the average participation by Blacks and those of mixed blood among those being trained between 1995 and 1999 was 45 per cent, which means approximately 3.7 million people among these groups that did receive training (in principle, such participation is equivalent to the proportion of these races among the economically active population). In addition to records on race and colour, a number of local projects and programmes were promoted and conceived by and for AfroBrazilian workers with a view to ensuring that they would receive professional training in tandem with programmes to salvage their culture and to ensure that these groups would be brought into the mainstream.

    116. In additional efforts to ensure that black communities will truly be brought into the mainstream of the labour market, the Ministries of Justice and Labour and Employment signed a “Protocol to Promote Racial and Ethnic Equality in the Workplace” on 13 May 1998. This protocol consolidates the progress made in handling these issues and sets forth a policy for professional and vocational training, employment and income for AfroBrazilian men and women who work.

    117. Another perspective that is worthy of government attention is that of persons with disabilities, which was also incorporated into PLANFOR. In 1996, the National Programme for Persons with Disabilities (MTb/SEFOR, 1997) was set up. This is an instrument that involves coordinated and specific actions (both in conceptual and operational terms) and that has brought in a number of specialists and organizations to work with these groups.

    118. Beginning in 1998, once the guidelines and the practices for dealing with persons with disabilities had been put in place, PLANFOR made a quantum leap in terms of the concepts and methodologies of great importance that it works with, because it decided not to determine a specific programme for persons with disabilities, but instead decided to guarantee what seemed to be more important, in other words, to give priority to persons with disabilities who sought out training programmes. Current data indicate that in 1999, once the guideline and the record system had been set up, 159,000 persons with disabilities were trained, equivalent to 6 per cent of the total for PLANFOR. This number is similar to the percentage of the economically active population that has disabilities.

    119. A closer look at government efforts to promote the rights of people with disabilities to work reveals that, as occurred in the case of gender or race/colour, a number of innovative experiments have been set up comprising carefully targeted programmes. PLANFOR also focused on broader programmes, which also foster participation by people with disabilities with a view to elevating their educational attainments. One example is the case of Telecurso 2000 a distance education programme providing supplementary and vocational training in sign language for deaf people. A broad overview of PLANFOR’s activities, between 1995 and 1998, in conjunction with realistic projections for the period until 2002, shows that the Brazilian Government believes it will be possible to perfect the programmes designed to meet the needs of diverse groups within the economically active population even better than in the past. A great effort will have to be made to achieve the progress that is desired. Nevertheless, undeniable advances have been made, such as greater access to professional training for women, young people, workers in the informal sector, people from rural areas, nonWhites, all of whom are from groups whose specific needs have not been dealt with properly in the generic and traditional institutional framework.

    120. An important distinction needs to be made between the demand for specific qualifications emanating from the labour market and the practice of discrimination. Brazil is pleased to observe a growing concern regarding this topic on the part of the Committee on Economic, Social and Cultural Rights.

    121. Brazil’s Constitution has a chapter on social rights which determines specific protection for: labour markets for women, via specific incentives determined by law; the prohibition of different salaries, different duties and different admission criteria based on gender, age, colour or civil status; the prohibition of any type of discrimination regarding wages and admission criteria visàvis workers with disabilities; and the prohibition of distinctions between manual, technical and intellectual labour or among professionals in these respective areas. These provisions have allowed Brazil to determine a minimum level of protection regulated by specific legislation, to protect the physical safety and moral integrity of its workers.

    122. Brazil’s legislation never permits a distinction, exclusion or preference based on any of the conditions named above. No waivers to discrimination laws are allowed on the basis of the inherent requirements of a particular job. Labour inspectors are constantly vigilant as to admission requirements and specific conditions attaching to specific jobs to ensure that such prerequisites will not contain any provisions of a discriminatory nature.

    123. With regard to holding more than one job, data from the 1999 PNAD/IBGE survey (the National Residential Sample Survey) reveals that in Brazil about 3.3 million people (or 4.7 per cent of all people with jobs) find themselves holding more than one job. The absolute number did not change in a significant way between 1995 and 1999, although there was a slight increase over the fouryear period. Table 19 supplies data that indicate that the increase in persons with more than one job during this period was, in relative terms, less than had been observed among the whole population with a job, which led to an overall slight decrease in the share.

    Table 19

    Persons with jobs compared to the number of jobs that

    they held during the reference week in question

    Number of jobs during the
    reference week
    Persons with jobs
    1995
    Persons with jobs 1999
    Variation
    One
    66 277 014
    68 318 027
    3.1%
    Two
    3 119 766
    3 125 455
    0.2%
    Three or more
    231 828
    232 737
    0.4%
    Total
    69 628 608
    71 676 219
    2.9%

    Source: PNAD Prepared by the Ministry of Labour and Employment.

    Article 7

    124. With regard to the conventions of the ILO regarding which the Committee on Economic, Social and Cultural Rights has requested information in its guidelines, Brazil would like to point out the following:

    (a) Minimum Wage Fixing Convention, 1970 (No. 131). Brazil ratified the convention in question on 4 May 1993. The last report was submitted in 1999. Brazil has answered the observations by the ILO Committee of Experts on methods used in setting minimum monthly wages and on the participation by organizations representing management and labour in setting such wages. The fixing of the minimum monthly wage is a question that is always subject to intense debate and will be dealt with in specific comments to be found later in this report;

    (b) Equal Remuneration Convention, 1951 (No. 100). Brazil ratified this convention on 25 April 1957. A report is being submitted this year. The report will contain data from the National Household Sample Survey of 1999 (PNAD/1999) and statistics regarding participation by men and women in the labour market. It is worth mentioning that salary differences still persist between men and women despite the decrease in this trend in recent years. With regard to the question of equal remuneration for men and women, recent legislation in Brazil has achieved some progress in this regard. Examples are Bill of Law 382B/91, which was approved by the National Congress and transformed into Law 9799, dated 26 May 1999. Under this law the provisions on women’s access to labour markets and other measures to be taken have been added to the Consolidated Labour Laws in Brazil;[4]

    (c) Weekly Rest (Industry) Convention, 1921 (No. 14). Brazil ratified this convention on 25 April 1957. A simplified report on this Convention is being submitted this year with a presentation on national legislation in this regard, and information on statistics drawn from the Federal Labour Inspection System (SFIT) on violations to the principles in the Convention found in 1997, 1998, 1999 and during the early months of 2000;

    (d) Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106). Brazil ratified this convention on 18 June 1965. A report on the Convention is being submitted this year with a presentation on the national legislation in regard to this issue and information on statistics drawn from the Federal Labour Inspection System (SFIT) visàvis violations to the principles of the Convention during 1997, 1998, 1999 and the early months of 2000;

    (e) Holidays with Pay (Revised) Convention, 1970 (No. 132). Brazil ratified this convention on 23 September 1998. The first report/record is being submitted this year with information on provisions of national legislation that cover this issue;

    (f) Labour Inspection Convention, 1947 (No. 81). Brazil ratified this convention on 11 October 1989. The most recent detailed report was submitted to the ILO in 1999 with the information on Constitutional Amendment 20 which raised the minimum age for admission to the workplace to 16 years of age and 14 years of age for apprentices. Information on progress attained in combating forced labour and efforts made to diminish workplace accidents and occupational diseases was also submitted;

    (g) Occupational Safety and Health Convention, 1981 (No. 155). Brazil ratified this convention on 18 May 1992. The most recent detailed report on observance of the convention was submitted to the ILO in 1999. The Committee of Experts made an observation regarding a denunciation received by the Trade Union of Workers in the Marble, Granite and Limestone Industry of Espírito Santo (SINDIMARMORE). The Brazilian Government stated that a Sectoral Chamber on Marble and Granite had been created for the following purposes: (a) to adapt the inspection system to the specific characteristics of the economic activity in question; (b) to encourage negotiation among representatives of management and labour for the purpose of advancing discussions regarding the need to insert clauses on working conditions in future collective agreements and accords; (c) to promote integration of all the bodies involved in the marble and granite sectors so that, by working together, they can find solutions to problems involving the modernization of working methods, keeping the workplace environment healthy, the need to determine criteria to be used in exploiting this economic activity, as well as the need to handle information on the workplace; (d) to work intensely to observe labour standards, particularly with regard to worker health and safety.

    125. Before commenting on the methods employed in fixing wages, as suggested in the guidelines issued by the Committee on Economic, Social and Cultural Rights, the Brazilian Government wishes to refer to the principle of equal opportunity for promotion in the workplace. Brazilian legislation does address the issue in article 461, opening paragraph and subparagraph 1, of the Consolidated Labour Laws. Nevertheless, if the company has organized its staff by using a career plan that is covered in the regulations of that particular company, promotions must obey the criteria of seniority, length of service in the company, and merit (in other words, diligence and productivity) (ibid., subpara. 2). This does not mean that strict adherence to these criteria violates the principle of equal opportunity for promotion in the workplace; on the contrary, company regulations should contain objective criteria for promotion (by seniority and merit) to ensure that the employer will respect these concepts when promoting an employee.

    126. Basically, workers who are deprived of equal opportunities in terms of promotions in the workplace are those who are active in the informal market (with no signed working agreement), which means that inspectors find these situations very hard to control. In such cases, any control over promotions is the result of a subjective decision by the employer. When such unequal treatment is in fact verified, usually after the employee has presented a complaint, or when a representative of the trade union for that group has done so, an inspection is carried out in the company. Inspection services have preferred to begin by establishing a dialogue with the employer in order to legalize the situation. If such attempts do not succeed, the proper legal notice is prepared. Nevertheless, simply preparing a legal notice and doing nothing else has not produced positive results. In this case, the legal notice has not proven an efficient instrument in doing away with this discriminatory practice, above all because discrimination is a cultural issue that requires changes in the mentality of a society. In fact, the procedure that has brought about the best results has been a dialogue involving the company, the employee and the inspection service. In general, the company corrects the situation and puts the principle of equal opportunities into effect.

    127. With regard to the minimum monthly wage and how its value is set, some brief background information on this institution in Brazil is worth mentioning. The minimum monthly wage was first created in Brazil on 1 May 1940 as one of the developments emanating from Law 185 of January 1936 (which created the minimum monthly wage) as well as DecreeLaw 399 of April 1938 (which regulated the law) and DecreeLaw 2162 of 1 May 1940 (which set values and the date for entry into force). Once the minimum monthly wage had been put into effect, Brazil was divided into 50 regions, for the purpose of fixing different values for the minimum monthly wage.

    128. With regard to how this value is set, it is worth mentioning that from the 1940s to the 1980s the minimum monthly wage policy suffered very few changes up until the enactment of the 1988 Constitution. The new Federal Constitution states in article 7, paragraph IV, that the minimum monthly wage should be set in legislation which should be unified nationally. The law states that the wage to be chosen must meet the basic living needs of workers and their families with regard to housing, food, education, health, leisure, clothing, hygiene, transportation and social security; it also requires that the minimum monthly wage be readjusted periodically. This wage may not be contingent upon any other requirement for any other purpose.

    129. As required by the Constitution, Law 9971 was enacted on 18 May 2000. This law includes provisions covering the minimum monthly wage beginning 1 May 1995, and creates a unified minimum monthly wage value to be enforced throughout Brazil. Currently, that number is Cr$ 151.00 valid for all employees, whether urban or rural, and for all sectors of the economy.

    130. Readjustments have been on an annual basis, although neither the Constitution nor national legislation determines precise deadlines or periods within which the Government must set new values for the minimum monthly wage. Annual readjustments have sought to ensure that, at the very least, the minimum wage will retain its purchasing power and that adjustments are made on the basis of inflation. Inflation, in turn, should be measured by traditional consumer price indexes, such as the National Consumer Price Index (INPC), produced by the IBGE, or the

    Consumer Price Index (IPC), produced by the Institute and Foundation for Economic Research (FIPE). Furthermore, attempts have been made to add real gains in earning power to the minimum wage on a gradual basis in order to help reduce poverty and continue to improve income distribution without, on the other hand, affecting public accounts or increasing the shift to jobs in the informal market.

    131. It is worth mentioning that the Brazilian Labour Market and the basic basket of goods are quite different from one region to another; this has also limited attempts to increase the national monthly minimum wage to a greater degree. The individual states and the Federal District are autonomous, pursuant to Complementary Law 103, dated 14 July 2000, with regard to decisions to establish a wage floor in their jurisdictions at levels above the national minimum monthly wage, once again pursuant to paragraph V of article 7 of the Federal Constitution.

    132. In Brazil, all employees and their employers must sign an individual labour contract in accordance with the parameters determined by the Consolidated Labour Laws (CLT). This must be registered in the individual’s working papers and social security papers. Nevertheless, in accordance with the National Residential Sample Survey (PNAD) of 1998, carried out by Brazilian Institute for Geography and Statistics (IBGE), 38.4 per cent of employees about 15,841,464 workers do not have properly signed working papers, which means that they are included in the category of workers with an informal working relationship.

    133. As explained above, the Federal Constitution instituted the minimum monthly wage and the Consolidated Labour Laws (CLT) cover its enforcement. This also holds true for adjustments to the minimum monthly wage with a view to guaranteeing continued buying power parity, as required by Federal Law 9971 of 18 May 2000 on readjustments to the minimum wage

    since 1 May 1996. In recent years, adjustments have sought not only to recover purchasing power parity by replacements calculated on the basis of inflation, which in turn, is calculated on the basis of consumer price indexes at the national level, but have also tried to add real earning power to the minimum wage. Although the Federal Constitution has set forth criteria to be followed in setting the minimum wage in such a way as to satisfy workers’ basic needs, Law 9971, of 18 May 2000, which covers readjustments and determines values and the criteria therefor, does not in fact link the amount to be set to a basic basket of needs, including the items mentioned in the Federal Constitution such as housing and food.

    134. Adjustments are always the subject of an intense debate and do not always meet expectations. The minimum monthly wage is also used as a reference when setting prices in the informal sector. This means that because the informal sector in Brazil is so large, the prospects of pressuring prices in general, and personal and similar services in particular, is always very great after readjustments. This aspect then affects the entire economy, and cannot be ignored when setting the minimum monthly wage.

    135. On these occasions the Government tries to keep two additional functions in mind as well. The first is the possibility of using the minimum wage to improve functional income distribution by increasing the total share set aside for workers. The second is to use the minimum wage as a tool to reduce wage inequalities, since the wage becomes the de facto wage floor. With regard to this second point, the Government is extremely cautious when following up on the impact of the minimum monthly wage, given the fact that the principal objective, which is reducing wage inequalities, can be distorted as a result of the vulnerability of less qualified workers. This is especially true in informal sectors, which in Brazil represent a large part of the economy, and where wages tend to be pressured in a direct relationship with the amount determined by law.

    136. The debates surrounding the monthly minimum wage are a constant whenever an attempt is made to respond to the expectations of a participatory society that is increasingly aware of its rights, as is the case in Brazil. These debates will probably be based on more accurate information in the near future, when the Brazilian Government will have access to a more complete method of analysis, currently under development. The new method will permit evaluations that will be a closer approximation to reality with regard to the ideal or approximately ideal worth of the minimum monthly wage. The Brazilian Institute for Geography and Statistics (IBGE) has been placed in charge of this study. The idea is that by the end of the year calculations will be made on a monthly basis to determine the exact cost of the full basic basket of living needs included in the Federal Constitution. Currently, data of this type are only available from DIEESE, a research institute tied to the labour movement and not, therefore, an official agency.

    137. It is worth mentioning that oversight regarding labour law enforcement, including the payment of remuneration that must not be lower than the nationally unified minimum monthly wage, is the responsibility of the Labour Inspection Secretariat of the Ministry of Labour and Employment (SIT/MTE). The MTE has 2,444 inspectors who are active throughout the country and are based in 117 agencies spread throughout Brazil’s 27 states. In 1999 inspections were carried out in 347,380 establishments, covering 17,842,511 workers. As a result of these

    inspections, labour contracts were legalized to encompass 249,795 workers who had previously been part of the informal economy. In the year 2000, the target is to bring 600,000 workers into the fold of legal working relationships by guaranteeing, among other rights, that they will receive the minimum monthly wage.

    138. The issue of wage differences between men and women has attracted the particular attention of the Brazilian Government. In addition to the comments made with regard to ILO Convention No. 100 and the legislative progress in this regard (please see the explanation in note 4), a comment is worth stating for the record. According to a recent IBGE/PNAD survey (the National Household Sample Survey) female Brazilian workers increased their earnings at almost double the national rate between 1993 (which is the last year for which there was data before the Real Plan was put into effect) and last year. During that period, the average earnings of the population with jobs increased 24.3 per cent and 43.3 per cent of this went to women and 19.4 per cent to men. There are still inequalities in terms of remuneration, but the differences have dropped considerably: in 1993, women earned only 49.4 per cent as much as men; in 1999, the percentage increased to 60.7 per cent. Men’s salaries increased over the same period, between 1993 and 1999, from Cr$ 447.00 to Cr$ 534.00; and women’s salaries increased from Cr$ 226.00 to Cr$ 324.00.

    139. Still, according to the PNAD, the percentage of women with at least a full secondary school education was 30.4 per cent last year, in comparison with 21.2 per cent for men. Women also do better when illiteracy rates are examined (among people between the ages of 10 and 14), in other words, only 4 per cent of women and 7 per cent of men are illiterate. The women’s disadvantage in terms of breakdown by gender in the labour market has been attenuated. In 1993, for every 100 people with a job, 61.2 per cent were men and 38.8 per cent were women; in 1999, 59.7 per cent were men and 40.3 per cent were women.

    140. The data from recent studies also reveal that there has been an increase in the number of women who are responsible for their own families. In the last year of the past decade, 20.1 per cent of households were headed by women, an amount that increased to 22.9 per cent in 1995, and to 26 per cent, in 1999.

    141. The information produced by the PNAD portrays the situation in Brazil once a year and reveals the evolution of socioeconomic conditions from the national level to the metropolitan level, and also reveals aspects that distinguish the geographic areas that make up the country. The 1999 results are the last results of the PNAD for the decade of the 1990s. During that time a number of economic factors created significant modifications in the demographic, social, and economic profile of the population in Brazil. These factors were both external and internal, and included public policies, technological progress, modernization in management and production methods, and the increasingly broader access to information and processes implemented in earlier decades. According to the PNAD, the drastic measures contained in the Collor Plan affected all income groups indiscriminately and, in fact, hit hardest at the highest income groups. Their remuneration for 1990 was lower than it had been for the four previous years, thus improving income distribution. The recession that followed the economic plan made the earnings curves continue to drop until 1992. The wage policy implemented in 1991, which in one way or another protected the lowest income groups, contributed to a continuing improvement in terms of income distribution until 1992. In 1993, when the economic recovery first began, despite the fact that the inflationary spiral also reappeared, a more favourable wage policy led to increasing remuneration. This positive thrust was felt with a greater intensity in the higher income groups, inverting the upward trend of the income distribution curve.

    142. The Real Plan, created in July 1994, led to an immediate and sharp drop in inflation and was conducive to accelerated economic growth and higher earnings. Indexation was maintained in Brazil and was only partially eliminated in June 1995, which means that in one way or another it was able to protect the lowest income categories. The gains that resulted from this favourable period of stability did reach the base of the earnings pyramid in 1995, and improvements in income distribution were felt once again. In 1996, after the end of the first phase of the Real Plan, real gains in earnings dropped to lower levels in light of the new reality, in other words, a stable economy. In general, earnings grew in a way that was inversely proportional to the amount of the earnings, once again improving income distribution.

    143. The two crises resulting from disturbances in the international economic order that occurred in the two following years led to adjustments in Brazil’s economic policy. The first crisis occurred after the period that was portrayed in the 1997 survey. The second crisis happened shortly before the 1998 survey, and the damage that it caused was not completely reflected in the survey, given the gap between the actual impact of the crisis on the economy and its consequences on the labour market and on its earnings. Remuneration did suffer some slight drops in 1997 and in 1998. Income distribution, which had stabilized in 1997, increased in 1998, as a result of gains in the lower half of the earnings pyramid and slight losses in the upper half, especially with regard to remuneration for work. These were already the first signs of the recessive impact. The earnings linked to the minimum wage, which did enjoy a real gain, constituted one of the factors that helped to sustain the increase in the lower half of the remuneration distribution pyramid.

    144. In 1999, the first signs of a recovering economy began to be seen, but there was also an increase in inflation (which had actually been dropping since the Real Plan was first implemented). This inflation caused a slight loss in the real value of the minimum monthly wage. Furthermore, the consequences of the recessive period led to real losses in earnings. In 1999, earnings suffered a substantial reduction, which affected the highest income levels slightly more than other income groups. The share in total remuneration withdrawn from the upper part of the pyramid was distributed throughout the rest of the pyramid, once again improving income distribution.

    145. In 1998 and up until 1999, the 10 per cent who earned the least for their labour suffered real losses of approximately 6.8 per cent; and at the other extreme, the 10 per cent who earned the most suffered real losses of 8.6 per cent. Total monies spent on remunerating labour were distributed as follows: the 10 per cent of wage earners who earned the most earned 51.5 per cent of total earnings in 1989 and 45.7 per cent in 1999. An examination of the period between 1989 and 1999 reveals that the Gini index (which measures the distribution of earnings from wages) reached a maximum (0.630) in 1989, and a minimum (0.567) in 1999. A geographic comparison shows that income distribution continued to be poorest in the northeastern and centralwestern regions of the country.

    146. In 1999, average remuneration for wage earners presented a reduction (7.1 per cent) visàvis the previous year, and remained below the levels attained in 1989 and since 1995. The drop in earnings affected every category of worker and totalled 6.2 per cent for employees, 7.4 per cent for selfemployed workers and 9.5 per cent for employers. Among domestic workers the loss was smaller (2.2 per cent).

    147. In regional terms, the northeast continued to be characterized by average remuneration levels that were strikingly lower than those of other regions.

    148. Another aspect that must be taken into account with regard to remuneration for labour is a matter to which the Brazilian Government has paid great attention. This is nongenderbased discrimination. A programme called “Programme for Brazil, Gender and Race” designed to prepare and enforce actions to combat discrimination has been created. Within the framework of this programme, “Units for the Promotion of Equal Opportunities and to Fight Discrimination on the Job and in Professions” have been created within regional labour offices. These Units are responsible for implementing antidiscrimination policies in each of the states in Brazil. The primary purpose of these Units is to develop activities to eliminate inequalities and to fight practices of a discriminatory nature in workplace relations. All complaints that have reached the Unit have been properly investigated and if no solution or settlement is available at the regional office level, then the cases are referred to the Public Ministry for Labour Issues.

    149. The Units are such a key factor in the fight against discrimination in the workplace that the Brazilian Government would like to describe them in detail. The Units were created by Directive 604, dated 1 June 2000, within the Ministry of Labour and Employment, in line with recommendations presented in ILO Conventions Nos. 100, 111 and 159. The Units are responsible for: (i) creating educational programmes to guarantee the enforcement of policies to promote equal opportunities in terms of jobs and professions; (ii) proposing strategies and activities with a view to eliminating discrimination and degrading treatment in order to protect the dignity of the individual during labour relationships; (iii) acting as clearinghouses for a number of public and private organizations that fight discrimination, in an attempt to unite efforts to increase the social efficiency and effectiveness of their activities; (iv) establishing partnerships with organizations representing the business community, trade unions and nongovernmental groups in order to systematize the flow of information regarding job openings or job placements for groups that are most vulnerable to discrimination; (v) keeping registries in the form of databases on the supply and demand of jobs for people with disabilities, with a view to filling the legal quotas for companies; and (vi) receiving complaints and denunciations of discriminatory practices in the workplace with a view to resolving these situations in accordance with the law and, when necessary, to refer these cases to the labour arm of the Public Ministry. Sixteen such Units are currently operational in the States of Piaui, Mato Grosso do Sul, Rio Grande do Norte, Rio Grande do Sul, Rio de Janeiro, Pernambuco, Ceará, Bahia, Alagoas, Amazonas, Espírito Santo, Goiás, Distrito Federal, Maranhão, Mato Grosso and Minas Gerais. Pursuant to Directive 604, annex 1, issued by the Ministry of Labour and Employment, additional Units will be set up in the States of Mato Grosso, Pará, Paraná and Rondônia (one additional Unit) in the second half of this year.

    150. Unit activities include the promotion of events, debates, campaigns and speeches with a view to motivating, sensitizing, informing and raising consciousness with regard to discrimination. This is done by establishing partnerships with a number of players throughout society and by engaging them in the process of commitment to nondiscrimination.

    151. From January to March 2000, five Units (Rio Grande do Norte, Pernambuco, Mato Grosso, Piauí and Ceará) recorded a total of 80 complaints, of which 63 per cent had been referred to the Units by female workers. The “Brazilian Programme on Gender and Race” and the addresses of the Units are available on the Ministry of Labour and Employment’s electronic portal site (www.mte.gov.br).

    152. The Brazilian Government has taken an additional step that it feels is important in fighting discrimination in the workplace. The Ministry of Labour and Employment and the Ministry of Justice signed a Technical Cooperation Protocol on 13 May 1998 to broaden policies designed to further racial and ethnic equality in the labour market and to enhance professional training and income and job generation. The Voluntary Civil Service was also created for the same purpose, but focuses more specifically on campaigns for young people designed to promote and defend human rights and citizenship. The young people are trained and then given an opportunity to promote civic values among the communities in which they live. Available positions are split equally between young men and women. Special care is taken to ensure that the number of black people who participate will be at least equivalent to the percentage of black people in the local population. In 1998, 1,300 young people were trained in the Federal District and 3,100 in Rio de Janeiro. In 1999, this Service was set up in the States of Rondônia, Pará, Maranhão, Ceará, Pernambuco, Bahia, Paraná, Rio Grande do Sul, Santa Catarina, Minas Gerais, Rio de Janeiro, São Paulo, Mato Grosso, Mato Grosso do Sul, Goiás and Distrito Federal, involving a total of 6,500 young people. The project will continue to be implemented by the Secretariat of State for Human Rights in forthcoming budget years, under a programme called “Human Rights, Everyone’s Rights” which is part of the PAA (MultiYear Plan) for 20002003. The goal for the period between 1999 and 2002 is to train a total of 200,000 people (an average of 50,000 a year).

    153. Tables of statistics for the labour market in Brazil can be found in the pages that follow.

    Table 20
    Economically active population (EAP) by gender

    Average
    Men
    Women
    1991
    9 744 102
    6 104 093
    1992
    9 889 346
    6 042 552
    1993
    9 882 113
    6 174 537
    1994
    10 073 502
    6 358 241
    1995
    10 153 021
    6 601 660
    1996
    10 383 991
    6 889 617
    1997
    10 375 947
    6 692 284
    1998
    10 471 056
    7 214 254
    1999
    10 421 763
    7 299 357
    Jan.Apr. 1999
    10 302 018
    7 204 415
    April 1999
    10 310 499
    7 235 202
    May 1999
    10 394 800
    7 275 138
    June 1999
    10 571 700
    7 307 592
    July 1999
    10 409 262
    7 258 545
    Aug. 1999
    10 407 436
    7 295 210
    Sept. 1999
    10 452 981
    7 374 816
    Oct. 1999
    10 521 028
    7 411 248
    Nov. 1999
    10 572 971
    7 427 359
    Dec. 1999
    10 522 905
    7 424 716
    Jan. 2000
    10 518 213
    7 396 863
    Feb. 2000
    10 629 911
    7 472 434
    March 2000
    10 743 151
    7 500 401
    April 2000
    10 807 757
    7 641 348
    Jan.Apr. 2000
    10 674 758
    7 502 761

    Source: Ministry of Labour and Employment data from SME/IBGE.

    Journal Mercado de Trabalho Conjuntura e Análise, Year 5, June 2000.


    Table 21
    EAP by position in the family

    Average
    Head
    Spouse
    Offspring
    Others
    Totals
    1991
    7 982 033
    2 671 412
    4 101 100
    1 093 650
    15 848 195
    1992
    8 028 371
    2 650 555
    4 191 551
    1 061 421
    15 931 898
    1993
    8 100 633
    2 695 080
    4 252 416
    1 008 521
    16 056 650
    1994
    8 342 412
    2 909 325
    4 187 035
    992 971
    16 431 743
    1995
    8 429 028
    3 007 101
    4 333 965
    984 588
    16 754 681
    1996
    8 577 345
    3 156 468
    4 487 067
    1 052 728
    17 273 609
    1997
    8 639 928
    3 183 918
    4 530 240
    1 014 144
    17 368 230
    1998
    8 654 771
    3 260 708
    4 678 905
    1 090 925
    17 685 310
    1999
    8 720 040
    3 267 549
    4 696 605
    1 036 926
    17 721 120
    Jan.Apr. 1999
    8 609 247
    3 202 754
    4 663 116
    1 031 316
    17 506 433
    April 1999
    8 650 736
    3 200 112
    4 685 860
    1 008 994
    17 506 433
    May 1999
    8 705 196
    3 231 913
    4 705 893
    1 026 935
    17 669 938
    June 1999
    8 787 119
    3 256 538
    4 786 988
    1 048 646
    17 879 292
    July 1999
    8 690 431
    3 212 158
    4 753 085
    1 012 134
    17 667 807
    Aug. 1999
    8 730 537
    3 259 038
    4 656 684
    1 056 387
    17 702 646
    Sept. 1999
    8 743 557
    3 305 367
    4 720 893
    1 057 980
    17 827 797
    Oct. 1999
    8 822 892
    3 343 272
    4 697 257
    1 068 855
    17 932 276
    Nov. 1999
    8 878 532
    3 387 035
    4 686 668
    1 048 096
    18 000 330
    Dec. 1999
    8 845 231
    3 404 244
    4 699 328
    998 818
    17 947 621
    Jan. 2000
    8 847 760
    3 388 098
    4 736 716
    942 501
    17 915 076
    Feb. 2000
    8 940 706
    3 446 918
    4 748 151
    966 570
    18 102 345
    March 2000
    8 933 288
    3 473 944
    4 810 767
    1 025 553
    18 243 552
    April 2000
    9 072 385
    3 489 906
    4 856 186
    1 030 628
    18 449 105
    Jan.Apr. 2000
    8 948 535
    3 449 717
    4 787 955
    991 313
    18 177 520

    Source: Ministry of Work and Employment data from SME/IBGE.

    Journal Mercado de Trabalho Conjuntura e Análise, Year 5, June 2000.

    Table 22
    Labour force participation rate, by gender

    Average
    Men
    Women
    1991
    79.98
    44.28
    1992
    78.35
    42.69
    1993
    77.16
    42.51
    1994
    77.20
    43.35
    1995
    76.67
    43.92
    1996
    76.26
    44.86
    1997
    74.66
    44.29
    1998
    73.70
    44.53
    1999
    72.18
    43.88
    Jan.Apr. 1999
    71.97
    43.51
    Apr. 1999
    72.06
    43.56
    May 1999
    72.16
    43.73
    June 1999
    73.12
    43.94
    July 1999
    72.21
    43.76
    Aug. 99
    71.82
    43.76
    Sept. 1999
    72.09
    44.12
    Oct.1999
    72.34
    44.50
    Nov. 1999
    72.33
    44.52
    Dec. 1999
    72.19
    44.54
    Jan. 2000
    71.96
    44.29
    Feb. 2000
    72.52
    44.65
    March 2000
    72.78
    44.84
    Apr. 2000
    73.39
    45.43
    Jan.Apr. 2000
    72.66
    44.80

    Source: Ministry of Labour and Employment data from SME/IBGE.

    Journal Mercado de Trabalho Conjuntura e Análise, Year 5, June 2000.

    Table 23
    Employment level, by gender

    Average
    Men
    Women
    1991
    9 275 868
    5 805 363
    1992
    9 332 246
    5 678 531
    1993
    9 372 919
    5 829 793
    1994
    9 588 012
    6 012 396
    1995
    9 693 032
    6 282 002
    1996
    9 864 371
    6 471 059
    1997
    9 828 342
    6 554 669
    1998
    9 728 907
    6 612 221
    1999
    9 689 872
    6 696 730
    Jan.Apr. 1999
    9 539 409
    6 696 730
    April 1999
    9 525 863
    6 618 388
    May 1999
    9 655 582
    6 659 005
    June 1999
    9 796 966
    6 681 252
    July 1999
    9 682 744
    6 655 819
    Aug. 1999
    9 665 083
    6 680 991
    Sept. 1999
    9 729 810
    6 788 264
    Oct. 1999
    9 794 727
    6 790 456
    Nov. 1999
    9 870 908
    6 817 650
    Dec. 1999
    9 925 005
    6 903 272
    Jan. 2000
    9 808 822
    6 744 541
    Feb. 2000
    9 865 862
    6 762 470
    March 2000
    9 961 228
    6 819 477
    April 2000
    10 047 420
    6 960 742
    Jan.Apr. 2000
    9 920 833
    6 821 808

    Source: Ministry of Labour and Employment data from SME/IBGE.

    Journal Mercado de Trabalho Conjuntura e Análise, Year 5, June 2000.

    Table 24
    Unemployment, by gender

    Average
    Men
    Women
    1991
    61.05
    38.95
    1992
    60.48
    39.52
    1993
    59.63
    40.37
    1994
    58.40
    41.60
    1995
    59.00
    41.00
    1996
    55.39
    44.61
    1997
    55.58
    44.42
    1998
    55.21
    44.79
    1999
    54.84
    45.16
    Jan.Apr. 1999
    55.62
    44.38
    Apr. 1999
    55.99
    44.01
    May 1999
    54.54
    45.46
    June 1999
    55.30
    44.70
    July 1999
    54.66
    45.34
    Aug. 1999
    54.72
    45.28
    Sept. 1999
    55.22
    44.78
    Oct. 1999
    53.92
    46.08
    Nov. 1999
    53.52
    46.48
    Dec. 1999
    53.42
    46.48
    Jan. 2000
    52.10
    47.90
    Feb. 2000
    51.83
    48.17
    Mar. 2000
    53.45
    46.55
    Apr. 2000
    53.45
    46.55
    Jan.Apr. 2000
    52.54
    47.46

    Source: Ministry of Labour and Employment data from SME/IBGE.

    Journal Mercado de Trabalho Conjuntura e Análise, Year 5, June 2000.


    Table 25
    Unemployment rate by position in the family (%)

    Average
    Head
    Spouse
    Offspring
    Others
    1991
    3.08
    2.59
    9.38
    6.16
    1992
    3.66
    3.38
    11.01
    7.16
    1993
    3.39
    3.08
    10.04
    6.83
    1994
    3.22
    3.11
    9.72
    6.68
    1995
    2.95
    2.87
    8.97
    5.67
    1996
    3.42
    3.79
    10.02
    7.25
    1997
    3.70
    3.90
    10.36
    7.08
    1998
    5.05
    5.43
    13.42
    9.29
    1999
    5.04
    5.19
    13.45
    9.10
    Jan.Apr. 1999
    5.17
    5.22
    14.20
    9.36
    Apr. 1999
    5.46
    5.35
    14.17
    9.31
    May 1999
    5.27
    5.30
    13.28
    9.81
    June 1999
    5.09
    5.86
    13.87
    9.43
    July 1999
    4.90
    5.15
    13.64
    8.86
    Aug. 1999
    5.17
    5.70
    13.21
    9.88
    Sept. 1999
    5.12
    5.05
    12.70
    9.01
    Oct. 1999
    5.18
    5.04
    13.31
    9.02
    Nov. 1999
    4.98
    5.04
    13.04
    8.41
    Dec. 1999
    4.04
    4.22
    11.60
    7.33
    Jan. 2000
    4.88
    5.87
    13.60
    9.19
    Feb. 2000
    5.21
    6.60
    14.42
    9.91
    Mar. 2000
    5.18
    6.15
    14.12
    10.48
    Apr. 2000
    4.74
    5.48
    14.79
    9.86
    Jan.Apr. 2000
    5.00
    6.03
    14.23
    9.86

    Source: Ministry of Labour and Employment data from SME/IBGE.

    Journal Mercado de Trabalho Conjuntura e Análise, Year 5, June 2000.

    154. With regard to income distribution among public servants and workers in the private sector, it is worth mentioning that the data currently available indicate that between 1992 and 1999 there was a real increase in income of about 27.6 per cent. Civil servants and military enjoyed a real gain above that of employees in the formal economy’s private sector (42.9 per cent versus 17.1 per cent). Other sectors (including private sector informal workers, those with no signed working papers and selfemployed workers, domestic workers, and employers) had an income variation rate of 61.5 per cent. The best remuneration in all these periods went to civil servants and the military who in 1999 received, on average, six minimum monthly wages per month (Cr$ 906 or approximately US$ 503).

    155. With regard to legislation to ensure safe and healthy working conditions in the workplace, once again it must be mentioned that Brazil’s 1988 Constitution specifically mentions, in article 7, paragraph XXII, that workers have a right to reduced occupational risk. This right is guaranteed by enforcing standards visàvis health, hygiene and safety. Chapter V, Title II of the Consolidated Labour Laws (CLT) has a section on Occupational Safety and Medicine that was altered for this purpose by Law 6.514, dated 22 December 1977.

    156. Ministry of Work and Employment Directive 3.124, dated 8 June 1978, regulates Law 6.514/77 and determines 28 Regulatory Standards for the area of occupational safety and medicine. Subsequently, on 12 April 1988, Directive 3067 approved 5 Regulatory Standards regarding Rural Employment Safety and Hygiene. More recently, on 17 December 1997, Directive 53 approved Regulatory Standard 29, covering “Safety and Health in the Workplace in the case of Ports” in line with ILO Conventions Nos. 81, 152 and 155.

    157. The Social Security and Social Welfare Ministry handles questions involving occupational accidents and diseases and the workplace. Information regarding these issues is channelled through the “System to Communicate Workplace Accidents” (CAT). The data below reveal that “typical accidents” are the result of the actual activities that employees are involved in as part of their work. The column under causes called “On the way to work” refers to accidents that occurred in transit on the way to the workplace. The professional diseases column relates to diseases developed because one has been involved in activities that can cause bodily harm while in the workplace. Statistics on the exact moment in which workplace accidents occur are still incomplete and are, therefore, subject to adjustments. Any consideration of these data must also keep in mind the fact that they do not include any information about workers in the informal sector of the economy, in rural areas, or those workers who did not have a legal working relationship at the time when the data were collected.

    Table 26
    Workplace accidents registered by the CAT system, 19901998

    Years
    Total
    Cause
    Typical
    On the way to work
    Occupational diseases
    1990
    693 572
    632 012
    56 343
    5 217
    1991
    632 322
    579 362
    46 679
    6 281
    1992
    532 514
    490 916
    33 299
    8 299
    1993
    412 293
    374 167
    22 709
    15 417
    1994
    388 304
    350 210
    22 824
    15 270
    1995
    424 137
    374 700
    28 791
    20 646
    1996
    395 455
    325 870
    34 696
    34 889
    1997
    421 343
    347 482
    37 213
    36 648
    1998
    414 341
    347 738
    36 114
    30 489

    Source: Social Security Annual Compilation of Statistics.

    Table 27
    Monthly record of workplace accidents by cause, 19971999

    Months
    Years
    Number of workplace accidents recorded
    Total
    Cause
    Typical
    On the way
    to work
    Occupational
    diseases

    1997
    421 343
    347 482
    37 213
    36 648
    Total
    1998
    414 341
    347 738
    36 114
    30 489

    1999
    378 365
    319 617
    36 716
    22 032

    1997
    33 386
    27 116
    3 013
    3 257
    January
    1998
    31 652
    26 381
    2 718
    2 553

    1999
    29 639
    24 866
    2 872
    1 901

    1997
    30 095
    24 612
    2 567
    2 916
    February
    1998
    30 983
    25 908
    2 591
    2 484

    1999
    26 323
    21 987
    2 600
    1 736

    1997
    34 692
    28 273
    2 882
    3 537
    March
    1998
    37 743
    31 538
    3 080
    3 125

    1999
    32 948
    27 439
    3 124
    2 385

    1997
    34 986
    28 374
    2 921
    3 691
    April
    1998
    31 879
    26 495
    2 748
    2 636

    1999
    30 157
    25 400
    2 964
    1 793

    1997
    35 032
    28 997
    3 105
    2 930
    May
    1998
    36 033
    30 261
    3 123
    2 649

    1999
    34 043
    28 718
    3 344
    1 981

    1997
    36 195
    29 573
    3 460
    3 162
    June
    1998
    34 623
    29 034
    3 099
    2 490

    1999
    33 373
    28 037
    3 350
    1 986

    1997
    38 251
    31 815
    3 363
    3 073
    July
    1998
    36 424
    30 716
    3 233
    2 475

    1999
    34 159
    28 968
    3 212
    1 979

    1997
    36 742
    30 428
    3 246
    3 068
    August
    1998
    38 107
    32 069
    3 268
    2 770

    1999
    35 566
    30 168
    3 306
    2 092

    1997
    39 649
    32 769
    3 432
    3 448
    September
    1998
    36 674
    30 818
    3 211
    2 645

    1999
    33 085
    28 256
    3 159
    1 670

    1997
    40 988
    34 336
    3 603
    3 049
    October
    1998
    36 043
    30 470
    3 072
    2 501

    1999
    31 449
    26 879
    2 913
    1 657

    1997
    35 353
    29 610
    3 129
    2 614
    November
    1998
    35 246
    29 700
    3 178
    2 368

    1999
    30 542
    25 978
    2 993
    1 571

    1997
    25 974
    21 579
    2 492
    1 903
    December
    1998
    28 934
    24 348
    2 793
    1 793

    1999
    27 081
    22 921
    2 879
    1 281

    Source: DATAPREV, CAT.

    Please note: These data are incomplete and are subject to correction.

    Table 28
    Number of workplace accidents recorded by cause and by region or state,
    19971999


    Years
    Total
    Cause
    Typical
    On the way to work
    Occupational diseases
    Brazil
    1997
    421 343
    347 482
    37 213
    36 648
    1998
    414 341
    347 738
    36 114
    30 489
    1999
    378 365
    319 617
    36 716
    22 032
    Northern Region
    1997
    7 334
    6 104
    799
    431
    1998
    8 582
    6 838
    954
    790
    1999
    8 837
    7 276
    958
    603
    Rondônia
    1997
    1 083
    900
    152
    31
    1998
    1 343
    1 093
    183
    67
    1999
    1 423
    1 192
    198
    33
    Acre
    1997
    202
    175
    26
    1
    1998
    207
    177
    24
    6
    1999
    185
    139
    32
    14
    Amazonas
    1997
    2 156
    1 722
    205
    229
    1998
    2 426
    1 759
    273
    394
    1999
    2 271
    1 695
    201
    375
    Roraima*
    1997
    57
    45
    9
    3
    1998
    73
    58
    15
    1999
    81
    60
    18
    3
    Pará
    1997
    3 312
    2 829
    318
    165
    1998
    3 860
    3 193
    350
    317
    1999
    4 023
    3 475
    384
    164
    Amapá
    1997
    183
    138
    44
    1
    1998
    199
    146
    51
    2
    1999
    200
    149
    51
    Tocantins
    1997
    341
    295
    45
    1
    1998
    474
    412
    58
    4
    1999
    654
    566
    74
    14
    Northeastern
    Region
    1997
    29 472
    23 108
    3 399
    2 965
    1998
    27 196
    21 467
    3 193
    2 536
    1999
    24 989
    19 667
    3 282
    2 040
    Maranhão
    1997
    766
    603
    111
    52
    1998
    868
    713
    115
    40
    1999
    826
    651
    118
    57
























    Table 28 (continued)

    Years
    Total
    Cause
    Typical
    On the way to work
    Occupational diseases
    Piauí
    1997
    462
    330
    118
    14
    1998
    488
    335
    138
    15
    1999
    599
    443
    138
    18
    Ceará
    1997
    3 193
    2 371
    585
    237
    1998
    3 243
    2 360
    619
    264
    1999
    3 551
    2 630
    617
    304
    Rio G. do Norte
    1997
    1 450
    1 229
    193
    28
    1998
    1 695
    1 431
    216
    48
    1999
    1 613
    1 359
    214
    40
    Paraíba
    1997
    1 500
    1 209
    173
    118
    1998
    1 340
    1 051
    144
    145
    1999
    1 126
    858
    166
    102
    Pernambuco
    1997
    7 087
    5 880
    867
    340
    1998
    6 111
    4 948
    845
    318
    1999
    5 924
    4 677
    870
    377
    Alagoas
    1997
    3 409
    3 010
    295
    104
    1998
    3 264
    2 950
    215
    99
    1999
    2 703
    2 406
    198
    99
    Sergipe
    1997
    1 284
    1 001
    136
    147
    1998
    1 358
    1 094
    111
    153
    1999
    1 165
    918
    116
    131
    Bahia
    1997
    10 321
    7.475
    921
    1.925
    1998
    8.829
    6.585
    790
    1.454
    1999
    7.482
    5.725
    845
    912
    Southeastern
    Region
    1997
    277.938
    227.208
    23.958
    26.772
    1998
    271.499
    226.993
    22.789
    21.717
    1999
    242.702
    204.579
    22.942
    15.181
    Minas Gerais
    1997
    51.494
    39.202
    3.806
    8.486
    1998
    48.643
    40.051
    3.319
    5.273
    1999
    46.491
    39.780
    3.771
    2.940
    Espírito Santo
    1997
    6.200
    5.056
    604
    540
    1998
    5.925
    5.070
    516
    339
    1999
    5.646
    4.842
    561
    243
    Rio de Janeiro
    1997
    25.382
    20.386
    4.095
    901
    1998
    24.738
    19.789
    3.806
    1.143
    1999
    23.272
    18.235
    3.729
    1.308
    São Paulo
    1997
    194.862
    162.564
    15.453
    16.845
    1998
    192.193
    162.083
    15.148
    14.962
    1999
    167.293
    141.722
    14.881
    10.690





    Southern
    Region
    1997
    91.183
    78.669
    7.090
    5.424
    1998
    91.273
    79.559
    7.162
    4.552
    1999
    85.488
    74.706
    7.277
    3.505
    Paraná
    1997
    30.866
    27.266
    1.859
    1.741
    1998
    31.046
    27.467
    2.240
    1.339
    1999
    26.857
    23.851
    2.180
    826
    Santa Catarina
    1997
    21.582
    18.954
    1.922
    706
    1998
    23.267
    20.490
    2.064
    713
    1999
    23.496
    20.571
    2.295
    630
    Rio Grande do Sul
    1997
    38.735
    32.449
    3.309
    2.977
    1998
    36.960
    31.602
    2.858
    2.500
    1999
    35.135
    30.284
    2.802
    2.049
    Centralwestern
    Region
    1997
    15.416
    12.393
    1.967
    1.056
    1998
    15.791
    12.881
    2.016
    894
    1999
    16.349
    13.389
    2.257
    703
    Mato Grosso do Sul
    1997
    3.218
    2.773
    355
    90
    1998
    3.089
    2.672
    308
    109
    1999
    3.317
    2.871
    351
    95
    Mato Grosso
    1997
    3.194
    2.730
    315
    149
    1998
    3.531
    3.067
    279
    185
    1999
    3.531
    3.146
    288
    97
    Goiás
    1997
    6.113
    4.854
    906
    353
    1998
    6.227
    4.920
    975
    332
    1999
    6.304
    4.902
    1.104
    298
    Distrito Federal
    1997
    2.891
    2.036
    391
    464
    1998
    2.944
    2.222
    454
    268
    1999
    3.197
    2.470
    514
    213

    Source: DATAPREV, CAT.

    Please note: The data are incomplete and are subject to correction.

    * The information for Roraima is included in the information for Amazonas.

    Table 29

    Number of workplace accidents recorded by cause and by age bracket, 19971999



    Number of workplace accidents recorded
    Age

    Cause
    bracket
    Years
    On the way to work
    Occupational diseases


    Total
    Men
    Women
    Unknown*
    Total
    Men
    Women
    Unknown*

    1997
    37 213
    13 676
    4 838
    18 699
    36 648
    6 068
    11 848
    18 732
    Total
    1998
    36 114
    23 485
    9 851
    2 778
    30 489
    14 862
    13 678
    1 949

    1999
    36 716
    25 548
    11 139
    29
    22 032
    11 886
    10 136
    10
    Up until
    1997
    2 620
    1 062
    226
    1 332
    788
    111
    356
    321
    19 years
    1998
    2 446
    1 802
    443
    201
    730
    254
    443
    33
    of age
    1999
    2 365
    1 834
    527
    4
    408
    128
    280
    Ages 20
    1997
    6 414
    2 418
    610
    3 386
    3 308
    553
    1 510
    1 245
    to 24
    1998
    6 477
    4 528
    1 431
    518
    2 985
    1 008
    1 812
    165

    1999
    7 009
    5 322
    1 680
    7
    2 152
    824
    1 326
    2
    Ages 25
    1997
    6 257
    2 393
    679
    3 185
    4 732
    890
    2 017
    1 825
    to 29
    1998
    6 320
    4 364
    1 476
    480
    4 176
    1 599
    2 362
    215

    1999
    6 697
    4 933
    1 760
    4
    2 999
    1 259
    1 739
    1
    Ages 30
    1997
    5 670
    2 152
    711
    2 807
    5 758
    1 064
    2 112
    2 582
    to 34
    1998
    5 696
    3 808
    1 484
    404
    4 927
    2 239
    2 438
    250

    1999
    5 754
    4 005
    1 744
    5
    3 619
    1 768
    1 848
    3
    Ages 35
    1997
    4 613
    1 717
    688
    2 208
    6 530
    1 121
    2 178
    3 231
    to 39
    1998
    4 737
    2 925
    1 462
    350
    5 433
    2 630
    2 506
    297

    1999
    4 793
    3 224
    1 564
    5
    3 870
    2 051
    1 818
    1
    Ages 40
    1997
    3 878
    1 383
    622
    1 873
    6 099
    978
    1 628
    3 493
    to 44
    1998
    3 786
    2 216
    1 297
    273
    5 141
    2 814
    2 000
    327

    1999
    3 785
    2 380
    1 403
    2
    3 998
    2 411
    1 587
    Ages 45
    1997
    2 672
    879
    473
    1 320
    4 079
    579
    878
    2 622
    to 49
    1998
    2 529
    1 481
    879
    169
    3 386
    2 048
    1 099
    239

    1999
    2 750
    1 644
    1 105
    1
    2 463
    1 635
    827
    1
    Ages 50
    1997
    1 589
    535
    319
    735
    1 901
    250
    298
    1 353
    to 54
    1998
    1 537
    847
    591
    99
    1 636
    1 056
    436
    144

    1999
    1 550
    884
    666
    1 208
    908
    300
    Ages 55
    1997
    926
    325
    168
    433
    883
    108
    127
    648
    to 59
    1998
    910
    510
    343
    57
    720
    524
    126
    70

    1999
    865
    504
    360
    1
    520
    405
    115
    Ages 60
    1997
    402
    160
    41
    201
    341
    52
    7
    282
    to 64
    1998
    389
    268
    86
    35
    238
    187
    22
    29

    1999
    381
    280
    101
    186
    164
    20
    2
    Ages 65
    1997
    102
    20
    6
    76
    125
    12
    2
    111
    to 69
    1998
    95
    54
    33
    8
    64
    53
    3
    8

    1999
    86
    64
    22
    42
    42
    70 years
    1997
    36
    4
    2
    30
    33
    1
    32
    of age or
    1998
    27
    14
    9
    4
    11
    7
    4
    older
    1999
    39
    28
    11
    12
    10
    2

    1997
    2 034
    628
    293
    1 113
    2 071
    350
    734
    987
    Unknown
    1998
    1 165
    668
    317
    180
    1 042
    443
    431
    168

    1999
    642
    446
    196
    555
    281
    274

    Source: DATAPREV, CAT.

    Please note: The data are incomplete and are subject to corrections.

    * In 1997 gender variables began to be included in the data transmitted by the various units to the central database under the CAT system. As additional units adopt these procedures there will be a constant and gradual decrease in the number of gender cases that are considered to be unknown.

    Table 30
    Number of workplace accidents recorded by cause, gender and age bracket, 19971999



    Number of workplace accidents recorded
    Age
    Years
    Total
    Typical accidents


    Total
    Men
    Women
    Unknown*
    Total
    Men
    Women
    Unknown*

    1997
    421 343
    118 349
    32 400
    270 594
    347 482
    98 605
    15 714
    233 163
    Total
    1998
    414 341
    298 399
    72 142
    43 800
    347 738
    260 052
    48 613
    39 073

    1999
    378 365
    302 684
    75 026
    655
    319 617
    265 250
    53 751
    616
    Up until
    1997
    30 901
    8 754
    1 643
    20 504
    27 493
    7 581
    1 061
    18 851
    the age
    1998
    29 015
    21 895
    3 813
    3 307
    25 839
    19 839
    2 927
    3 073
    of 19
    1999
    24 760
    20 802
    3 892
    66
    21 987
    18 840
    3 085
    62
    Ages 20
    1997
    73 691
    18 818
    4 054
    50 819
    63 969
    15 847
    1 934
    46 188
    to 24
    1998
    74 343
    55 808
    10 186
    8 349
    64 881
    50 272
    6 943
    7 666

    1999
    69 889
    58 642
    11 094
    153
    60 728
    52 496
    8 088
    144
    Ages 25
    1997
    69 500
    18 726
    4 854
    45 920
    58 511
    15 443
    2 158
    40 910
    to 29
    1998
    70 973
    51 935
    11 417
    7 621
    60 477
    45 972
    7 579
    6 926

    1999
    66 198
    54 137
    11 943
    118
    56 502
    47 945
    8 444
    113
    Ages 30
    1997
    63 664
    17 886
    5 070
    40 708
    52 236
    14 670
    2 247
    35 319
    to 34
    1998
    64 379
    46 128
    11 696
    6 555
    53 756
    40 081
    7 774
    5 901

    1999
    59 881
    47 502
    12 270
    109
    50 508
    41 729
    8 678
    101
    Ages 35
    1997
    54 950
    15 866
    5 239
    33 845
    43 807
    13 028
    2 373
    28 406
    to 39
    1998
    55 177
    38 459
    11 478
    5 240
    45 007
    32 904
    7 510
    4 593

    1999
    51 690
    39 933
    11 686
    71
    43 027
    34 658
    8 304
    65
    Ages 40
    1997
    45 172
    13 469
    4 315
    27 388
    35 195
    11 108
    2 065
    22 022
    to 44
    1998
    44 571
    30 971
    9 462
    4 138
    35 644
    25 941
    6 165
    3 538

    1999
    41 976
    31 939
    9 978
    59
    34 193
    27 148
    6 988
    57
    Ages 45
    1997
    30 513
    9 220
    2 903
    18 390
    23 762
    7 762
    1 552
    14 448
    to 49
    1998
    29 966
    20 957
    6 185
    2 824
    24 051
    17 428
    4 207
    2 416

    1999
    28 107
    21 494
    6 582
    31
    22 894
    18 215
    4 650
    29
    Ages 50
    1997
    17 500
    5 616
    1 652
    10 232
    14 010
    4 831
    1 035
    8 144
    to 54
    1998
    17 276
    12 189
    3 518
    1 569
    14 103
    10 286
    2 491
    1 326

    1999
    15 973
    12 090
    3 861
    22
    13 215
    10 298
    2 895
    22
    Ages 55
    1997
    9 298
    3 260
    732
    5 306
    7 489
    2 827
    437
    4 225
    to 59
    1998
    9 266
    6 817
    1 622
    827
    7 636
    5 783
    1 153
    700

    1999
    8 483
    6 678
    1 794
    11
    7 098
    5 769
    1 319
    10
    Ages 60
    1997
    3 850
    1 288
    125
    2 437
    3 107
    1 076
    77
    1 954
    to 64
    1998
    3 528
    2 781
    401
    346
    2 901
    2 326
    293
    282

    1999
    3 392
    2 906
    479
    7
    2 825
    2 462
    358
    5
    Ages 65
    1997
    1 079
    187
    21
    871
    852
    155
    13
    684
    to 69
    1998
    943
    738
    96
    109
    784
    631
    60
    93

    1999
    833
    718
    115
    705
    612
    93
    70 years
    1997
    346
    29
    4
    313
    277
    25
    1
    251
    of age
    1998
    310
    224
    32
    54
    272
    203
    23
    46
    and older
    1999
    289
    243
    45
    1
    238
    205
    32
    1

    1997
    20 879
    5 230
    1 788
    13 861
    16 774
    4 252
    761
    11 761
    Unknown
    1998
    14 594
    9 497
    2 236
    2 861
    12 387
    8 386
    1 488
    2 513

    1999
    6 894
    5 600
    1 287
    7
    5 697
    4 873
    817
    7

    Source: DATAPREV, CAT.

    Please note: The data are incomplete and are subject to corrections.

    * In 1997 gender variables began to be included in the data transmitted by the various units to the central database under the CAT system. As additional units adopt these procedures there will be a constant and gradual decrease in the number of gender cases that are considered to be unknown.

    Table 31

    Monthly number of workplace accidents settled, by consequences, 19971999



    Number of workplace accidents settled

    Results
    Month
    Years
    Total
    Medical assistance
    Temporary disability
    Permanent disability
    Death



    Total
    Less than 15 days
    More than 15 days

    1997
    440 281
    56 431
    362 712
    206 608
    156 104
    17 669
    3 469
    Total
    1998
    408 987
    55 686
    333 234
    188 221
    145 013
    15 923
    4 144

    1999
    393 946
    48 948
    324 728
    187 211
    137 517
    16 347
    3 923

    1997
    33 875
    4 667
    27 408
    15 918
    11 490
    1 462
    338
    January
    1998
    31 949
    4 276
    26 018
    14 150
    11 868
    1 332
    323

    1999
    28 940
    3 172
    23 957
    13 245
    10 712
    1 467
    344

    1997
    30 741
    3 668
    25 587
    14 231
    11 356
    1 200
    286
    February
    1998
    29 434
    3 563
    24 469
    13 603
    10 866
    1 110
    292

    1999
    30 753
    3 355
    25 855
    15 749
    10 106
    1 191
    352

    1997
    36 230
    3 885
    30 608
    16 669
    13 939
    1 409
    328
    March
    1998
    36 876
    4 091
    31 105
    17 933
    13 172
    1 302
    378

    1999
    35 815
    4 589
    29 551
    17 018
    12 533
    1 350
    325

    1997
    38 964
    5 929
    31 168
    17 785
    13 383
    1 546
    321
    April
    1998
    33 865
    4 202
    28 041
    16 053
    11 988
    1 296
    326

    1999
    30 737
    3 617
    25 465
    14 450
    11 015
    1 322
    333

    1997
    36 899
    5 144
    29 983
    16 590
    13 393
    1 465
    307
    May
    1998
    37 793
    8 873
    27 079
    14 772
    12 307
    1 461
    380

    1999
    34 901
    4 607
    28 432
    16 386
    12 046
    1 503
    359

    1997
    37 540
    4 700
    31 066
    18 486
    12 580
    1 464
    310
    June
    1998
    34 197
    4 493
    27 649
    15 501
    12 148
    1 693
    362

    1999
    34 561
    3 853
    28 849
    17 096
    11 753
    1 542
    317

    1997
    37 853
    4 943
    30 895
    17 183
    13 712
    1 705
    310
    July
    1998
    36 375
    4 394
    30 294
    17 435
    12 859
    1 314
    373

    1999
    35 278
    5 000
    28 486
    16 392
    12 094
    1 439
    353

    1997
    37 194
    4 200
    31 081
    17 364
    13 717
    1 605
    308
    August
    1998
    35 100
    5 330
    28 066
    15 061
    13 005
    1 341
    363

    1999
    35 388
    4 375
    29 342
    16 814
    12 528
    1 336
    335

    1997
    39 893
    5 902
    32 254
    19 189
    13 065
    1 496
    241
    September
    1998
    33 997
    4 395
    28 023
    15 716
    12 307
    1 235
    344

    1999
    35 269
    4 650
    28 927
    17 250
    11 677
    1 363
    329

    1997
    40 979
    5 046
    34 142
    20 016
    14 126
    1 569
    222
    October
    1998
    36 115
    4 836
    29 578
    17 291
    12 287
    1 331
    370

    1999
    32 259
    4 233
    26 369
    14 920
    11 449
    1 337
    320

    1997
    37 240
    4 387
    31 097
    17 916
    13 181
    1 500
    256
    November
    1998
    33 687
    3 916
    28 225
    16 393
    11 832
    1 212
    334

    1999
    31 159
    4 120
    25 545
    14 484
    11 061
    1 228
    266

    1997
    32 873
    3 960
    27 423
    15 261
    12 162
    1 248
    242
    December
    1998
    29 599
    3 317
    24 687
    14 313
    10 374
    1 296
    299

    1999
    28 886
    3 377
    23 950
    13 407
    10 543
    1 269
    290

    Source: DATAPREV, SUB and CAT.

    Please note: The data are incomplete and are subject to corrections.

    Table 32
    Number of workplace accidents settled, by major region and state, 19971999

    Regions and states
    Years
    Number of workplace accidents settled
    Total
    Results
    Medical assistance
    Temporary disability
    Permanent disability
    Death
    Total
    Less than 15 days
    More than 15 days

    1997
    440 281
    56 431
    362 712
    206 608
    156 104
    17 669
    3 469
    Brazil
    1998
    408 987
    55 686
    333 234
    188 221
    145 013
    15 923
    4 144

    1999
    393 946
    48 948
    324 728
    187 211
    137 517
    16 347
    3 923
    Northern
    1997
    5 849
    601
    4 623
    1 234
    3 389
    492
    133
    Region
    1998
    6 396
    755
    4 995
    1 211
    3 784
    437
    209

    1999
    7 007
    1 088
    5 269
    1 481
    3 788
    464
    186

    1997
    1 060
    16
    939
    371
    568
    71
    34
    Rondônia
    1998
    1 311
    15
    1 160
    377
    783
    84
    52

    1999
    1 430
    26
    1 253
    424
    829
    118
    33

    1997
    87
    2
    74
    9
    65
    7
    4
    Acre
    1998
    85
    3
    72
    3
    69
    7
    3

    1999
    93
    66
    6
    60
    21
    6

    1997
    1 062
    936
    2
    934
    108
    18
    Amazonas
    1998
    1 102
    20
    1 009
    15
    994
    46
    27

    1999
    1 420
    201
    1 143
    337
    806
    61
    15

    1997
    55
    35
    35
    15
    5
    Roraima
    1998
    62
    1
    45
    45
    9
    7

    1999
    71
    2
    45
    45
    14
    10

    1997
    3 127
    583
    2 229
    698
    1 531
    258
    57
    Pará
    1998
    3 282
    712
    2 232
    646
    1 586
    263
    75

    1999
    3 383
    780
    2 279
    563
    1 716
    220
    104

    1997
    175
    164
    95
    69
    5
    6
    Amapá
    1998
    133
    112
    46
    66
    10
    11

    1999
    104
    95
    8
    87
    3
    6

    1997
    283
    246
    59
    187
    28
    9
    Tocantins
    1998
    421
    4
    365
    124
    241
    18
    34

    1999
    506
    79
    388
    143
    245
    27
    12
    Northeastern
    1997
    30 406
    3 191
    24 503
    9 896
    14 607
    2 168
    544
    Region
    1998
    27 121
    3 255
    21 099
    8 375
    12 724
    2 142
    625

    1999
    25 231
    3 049
    19 099
    7 740
    11 359
    2 533
    550

    1997
    600
    9
    527
    32
    495
    42
    22
    Maranhão
    1998
    614
    6
    513
    45
    468
    56
    39

    1999
    554
    8
    391
    26
    365
    125
    30

    1997
    357
    1
    316
    25
    291
    18
    22
    Piauí
    1998
    379
    313
    35
    278
    31
    35

    1999
    408
    17
    306
    24
    282
    58
    27

    1997
    3 001
    159
    2 494
    829
    1 665
    271
    77
    Ceará
    1998
    3 105
    180
    2 559
    882
    1 677
    281
    85

    1999
    3 320
    592
    2 441
    825
    1 616
    206
    81

    1997
    1 401
    76
    1 172
    376
    796
    119
    34
    Rio G. do Norte
    1998
    1 712
    85
    1 435
    646
    789
    148
    44

    1999
    1 530
    65
    1 249
    482
    767
    196
    20

    1997
    1 450
    130
    1 163
    504
    659
    120
    37
    Paraíba
    1998
    1 249
    54
    1 023
    364
    659
    136
    36

    1999
    1 125
    35
    909
    309
    600
    136
    45

    1997
    8 743
    348
    7 761
    3 701
    4 060
    509
    125
    Pernambuco
    1998
    6 807
    345
    5 819
    2 565
    3 254
    501
    142

    1999
    6 161
    329
    5 221
    2 185
    3 036
    466
    145

    1997
    2 810
    204
    2 505
    1 734
    771
    68
    33
    Alagoas
    1998
    2 921
    346
    2 473
    1 768
    705
    59
    43

    1999
    2 909
    307
    2 479
    1 855
    624
    85
    38

    Table 32 (continued)
    Regions and states
    Years
    Number of workplace accidents settled
    Total
    Results
    Medical assistance
    Temporary disability
    Permanent disability
    Death
    Total
    Less than 15 days
    More than 15 days

    1997
    1 355
    296
    940
    471
    469
    62
    57
    Sergipe
    1998
    1 458
    413
    941
    480
    461
    67
    37

    1999
    1 248
    260
    879
    444
    435
    92
    17

    1997
    10 689
    1 968
    7 625
    2 224
    5 401
    959
    137
    Bahia
    1998
    8 876
    1 826
    6 023
    1 590
    4 433
    863
    164

    1999
    7 976
    1 436
    5 224
    1 590
    3 634
    1 169
    147
    Southeastern
    1997
    299 627
    40 866
    245 185
    153 957
    91 228
    11 786
    1 790
    Region
    1998
    270 998
    38 125
    220 960
    139 642
    81 318
    9 833
    2 080

    1999
    260 579
    37 810
    210 834
    135 738
    75 096
    9 940
    1 995

    1997
    54 886
    8 565
    41 507
    23 677
    17 830
    4 417
    397
    Minas Gerais
    1998
    49 699
    8 877
    36 707
    21 691
    15 016
    3 646
    469

    1999
    50 802
    10 682
    36 633
    23 517
    13 116
    2 994
    493

    1997
    6 081
    835
    4 616
    1 944
    2 672
    509
    121
    Espírito Santo
    1998
    5 811
    972
    4 378
    1 805
    2 573
    338
    123

    1999
    5 597
    1 039
    4 137
    1 747
    2 390
    304
    117

    1997
    24 692
    3 380
    20 198
    8 781
    11 417
    861
    253
    Rio de Janeiro
    1998
    23 253
    3 498
    18 627
    8 166
    10 461
    765
    363

    1999
    21 443
    3 463
    16 417
    7 237
    9 180
    1 219
    344

    1997
    213 968
    28 086
    178 864
    119 555
    59 309
    5 999
    1 019
    São Paulo
    1998
    192 235
    24 778
    161 248
    107 980
    53 268
    5 084
    1 125

    1999
    182 737
    22 626
    153 647
    103 237
    50 410
    5 423
    1 041
    Southern
    1997
    90 087
    11 162
    75 976
    36 707
    39 269
    2 256
    693
    Region
    1998
    89 819
    12 867
    73 640
    34 445
    39 195
    2 509
    803

    1999
    86 628
    6 315
    77 049
    38 136
    38 913
    2 469
    795

    1997
    27 698
    5 785
    20 882
    11 035
    9 847
    763
    268
    Paraná
    1998
    30 164
    7 555
    21 468
    11 461
    10 007
    787
    354

    1999
    28 591
    2 104
    25 476
    15 815
    9 661
    682
    329

    1997
    23 577
    2 466
    20 377
    10 557
    9 820
    524
    210
    Santa Catarina
    1998
    24 261
    2 742
    20 791
    11 212
    9 579
    510
    218

    1999
    23 413
    1 485
    21 128
    10 990
    10 138
    573
    227

    1997
    38 812
    2 911
    34 717
    15 115
    19 602
    969
    215
    Rio Grande do Sul
    1998
    35 394
    2 570
    31 381
    11 772
    19 609
    1 212
    231

    1999
    34 624
    2 726
    30 445
    11 331
    19 114
    1 214
    239
    Central
    1997
    14 312
    611
    12 425
    4 814
    7 611
    967
    309
    Western
    1998
    14 652
    684
    12 540
    4 548
    7 992
    1 002
    426
    Region
    1999
    14 501
    686
    12 477
    4 116
    8 361
    941
    397

    1997
    3 211
    52
    2 914
    1 096
    1 818
    179
    66
    Mato Grosso do Sul
    1998
    3 095
    48
    2 783
    884
    1 899
    186
    78

    1999
    3 290
    71
    2 904
    772
    2 132
    252
    63

    1997
    3 147
    177
    2 684
    1 124
    1 560
    170
    116
    Mato Grosso
    1998
    3 484
    257
    2 919
    988
    1 931
    171
    137

    1999
    3 278
    255
    2 734
    809
    1 925
    161
    128

    1997
    5 566
    277
    4 867
    2 142
    2 725
    337
    85
    Goiás
    1998
    5 894
    287
    5 067
    2 237
    2 830
    396
    144

    1999
    5 927
    255
    5 142
    2 150
    2 992
    402
    128

    1997
    2 388
    105
    1 960
    452
    1 508
    281
    42
    Distrito Federal
    1998
    2 179
    92
    1 771
    439
    1 332
    249
    67

    1999
    2 006
    105
    1 697
    385
    1 312
    126
    78

    1997

    Unknown
    1998
    1
    1

    1999

    Source: DATAPREV, SUB and CAT.

    Please note: The data are incomplete and are subject to corrections.

    158. Brazilian legislation regarding remunerated weekly rest periods is found in the Federal Constitution, in Law 605/49 and in the Consolidated Labour Laws. All this legislation allows workers to enjoy the right to a weekly remunerated rest period of 24 consecutive hours which should be given preferentially on Sundays, whatever the activity in question might be. The above legislation came with a list of activities that had to continue on Sundays because of the company’s technical requirements, in which case permanent permission was granted for work that needed to be done on rest days. Examples included dairy companies or port services. This means that the worker had to be given a different rest day as part of a rotating system of duty shifts for all employees, in accordance with regulations approved by Decree 27048, dated 12 August 1949.

    159. As time went by this list no longer met the needs of the times, particularly with regard to the requirements of supermarkets or hypermarkets that had not been specifically mentioned in the decree. Furthermore, in large urban centres where commercial relations had become increasingly complex, it became clear that society demanded that a number of establishments be kept open on Sundays. For this reason Decree 99467/90 was passed, allowing retail stores to open on Sundays in general, as long as a collective agreement or accord in this regard had been signed.

    160. With a view to injecting dynamism into commerce and to generating retail job openings, on 7 August 1997 the Government issued Provisional Measure 1.53934. Article 6 determines that people may work on Sundays, in the retail trade in general, as long as workplace protection standards and municipal legislation governing opening hours for places of business are respected. This measure has preserved the rights that protect workers (another rest day, limited working hours and rest periods during the day). The Provisional Measure left other decisions to the municipalities, such as exact opening hours for trade establishments, thus respecting the rights of municipalities that are enshrined in the Constitution.

    161. When Provisional Measure[5] 153935, dated 4 September 1997, was issued, the National Confederation of Workers in Retail Trade (CNTC) contested the measure in the Federal Supreme Court (STF), alleging the unconstitutionality of article 6. In a preliminary decision the STF suspended the effects of the legal order in question via Message 121, handed down on 25 September 1997 (ADIN 1675). The request for immediate action regarding the unconstitutionality of the issue was subsequently considered to be flawed and the preliminary injunction that had been granted was then annulled. The Federal Government had been monitoring these judicial developments and therefore decided to change the wording of article 6. This was done via Provisional Measure 153936, dated 2 October 1997. The new text reads as follows: “Beginning 9 November 1997, work on Sundays in retail establishments in general is hereby authorized, pursuant to Constitutional Article 30, paragraph I. Sole paragraph. Remunerated weekly rest periods must fall on a Sunday at least once every four weeks. All other norms designed to protect workers and/or other decisions reached by collective bargaining or agreements must continue to be respected.”

    162. Article 30, paragraph I, of the Federal Constitution refers to the power of municipalities to legislate upon matters of local interest. The new sole paragraph was added to the Provisional Measure to ensure that it would be fully in line with the Constitution, which requires a weekly rest period to fall preferably on Sundays. As a result, once every four weeks at most the worker in retail trade who is asked to work on Sundays will be rotated to ensure that his or her rest period will fall on a Sunday.

    163. The Provisional Measure in question has not been transformed into a law by the National Congress yet, so the Federal Government has been reissuing the Measure on a monthly basis with the exact wording mentioned above.

    164. All workers are guaranteed a weekly rest period; when workers are required on Sundays a rotating schedule is prepared. When such rotating schedules become impossible, for example in the case of cast members of theatre productions or others in similar situations, another weekly rest period must be guaranteed, pursuant to article 10, paragraph IX, of Law 6533, dated 24 May 1978.

    165. The Federal Constitution of 1998 has determined that all urban, rural, special category or domestic workers have a right to enjoy annual vacations with remuneration at least one third higher than the normal salary (art. 7, para. XVII.). The additional one third of a monthly wage is designed to give workers some extra earnings to allow them to enjoy their annual rest period with their family in a better fashion.

    166. Articles 129 and 130 of the CLT also guarantee that all workers will have the right to enjoy a vacation period whose duration will depend on the workers’ diligence, after the employment contract has been in effect for a period of 12 months.

    167. Workers who have not missed work more than five times during the period in question will have the right to enjoy 30 consecutive days of vacation. If the worker has missed work 6 to 14 times, this vacation period will be reduced to 24 consecutive days and if the worker has been absent from the workplace from 15 to 23 times they will have the right to enjoy 18 consecutive days of vacation. Finally, workers who have missed work between 24 and 32 times will have the right to 12 days of vacation. Any worker who has been absent from the workplace without a proper explanation more than 32 times will lose his or her right to a vacation for the period in question. The time spent on vacation is included in lengthofservice calculations whenever legal requirements come into play. In an attempt to adapt Brazil’s legal framework to labour market requirements, the Brazilian Government passed Provisional Measure 1709, on 6 August 1998, by which it created a parttime work system. Parttime work must not exceed 25 hours a week. Currently, Provisional Measure 195226, of 26 July 2000 is in effect.

    168. The reduced workday required the creation of new criteria to be used when determining vacation periods, as follows: 18 days of annual leave for weekly work ranging from 22 to 25 hours; 16 days for 20 to 22 hours of weekly work; 14 days for 15 to 20 hours per week; 12 days for 10 to 15 hours per week; 10 days for 5 to 10 hours per week and 8 days for 5 or

    less hours of work a week. Under this system, overtime is not allowed, vacations may not be

    split into more than one period, and employees may not sell their vacations for money. When the employee has no justification for having missed work more than seven times in a 12month period, the corresponding vacation will be cut in half.

    169. The traditional workweek in Brazil is 44 hours. However, the more highly organized trade unions, particularly in the automobile sector, have demanded workweeks of 40 hours to help preserve current jobs (a number of collective bargaining negotiations have led to agreements of this nature).

    170. At this time, a normal workday is a period of eight hours. Current laws have created exceptions for special groups of workers such as those in the banking sector, telephone workers, professional musicians, cinema operators, maritime workers, miners, railway workers, journalists, doctors and others. This workday can be extended for an additional two hours via a written agreement between the employer and the employee or through collective bargaining.

    171. Federal legislation attempts to dissuade excessive use of overtime by requiring a minimum hourly wage that is 50 per cent higher than the normal hourly wage. Additional wages for overtime can be waived if the overtime on one day is compensated by reducing the work on the next day. Nevertheless, no total workday may exceed 10 hours. In the case of industrial activities that require operations 24 hours a day, workplace shifts of 6 hours each have been created. Depending on collective bargaining, these shifts may be as long as eight hours a day, on a rotating duty schedule.

    172. Because of the singularities of certain activities in places such as hospitals, for example, collective bargaining has introduced a system of 12 hours on the job and 36 hours off the job. In the case of security personnel these periods can be as long as 24 hours on the job and 72 hours off the job, as long as labour jurisprudence supports this decision.

    173. The Office for the Inspection and Auditing of the Workplace has been given the responsibility of routinely checking on rest periods in workplace contracts whenever they go to companies to examine any other workplace documents.

    174. From January to July 2000, 6,237 cases of charges regarding leave or rest periods were registered, representing 11.47 per cent of total workplace inspections charges that were filed for that period. These charges were filed after inspecting 4,779 companies. Most irregularities are found in rural areas and primarily occur when work similar to slave labour or under degrading conditions is found. The Government has a specialized team to combat slave or degrading labour.

    175. The workers who are affected most are always those who do not have proper working documents. Since the enjoyment of their rights is not registered in working documents, it becomes harder for inspectors to verify past violations. In order to more effectively protect workers’ rights in rural areas, we are currently studying alternatives and have initiated a programme to encourage proper solutions leading to formal employment relationships. Within this framework, we have heard that in the city of Rolândia in the State of Paraná farmers have been developing a collective system to hire temporary rural manpower since 1997.

    176. In July 1999, the Workplace Inspection Secretary sent a group of workplace inspectors and auditors to learn about this experiment in Rolândia. It was seen that this type of contract met the needs of both employers and employees in rural areas and a project was immediately set up to publicize this form of hiring throughout the nation.

    177. Another important type of system is the socalled “Consortium of Rural Employers”, initially also called the “Employers Consortium” or “Employee Registry Run Collectively on Behalf of Employers”. These systems bring together farmers and individuals for the sole purpose of directly and jointly hiring rural workers. One of the farmers is given the power to hire and manage the labour force to be shared by all the farmers. In Brazil, the key incentive leading rural producers to assume joint responsibility as employers is the legal security that results from the labour relationship and the low cost of mandatory benefits. Attempts to outsource labour in rural areas have always encountered legal constraints, particularly when the activity in question is the primary activity of the employer. Such situations have led to a number of ongoing lawsuits and have led to tremendous labour liabilities. Now intensified State control via Ministry of Labour and Employment inspections, the Federal Public Ministry and the labour courts have set the stage in a proper fashion to allow this new hiring system to be created and implemented.

    178. Social security legislation establishes a difference between the amounts to be paid into the system by employers that are legal entities and those that are individuals. The social security contributions (or payroll taxes) to be paid by legal entities are based on remuneration paid to workers, whereas social security to be paid by individuals is a reflection of the sales of products resulting from rural activities. The latter payments are undeniably lower. As an individual a rural employer will only pay 2 per cent on what is sold into the social security system, as described above, whereas employers that are legal entities will be charged 20 per cent of the worker’s wages. Other payroll taxes, called taxes for third parties, are also differentiated. In the case of individuals in rural areas, 2.5 per cent must be set aside as educational wages and 0.2 per cent must go to the National Institute for Colonization and Agrarian Reform (INCRA) of the Rural Development Ministry. For legal entities in rural areas, 2.5 per cent must be sent to the National Service for Rural Apprenticeship, called SENAR, in addition to the two taxes mentioned immediately above.

    179. The pioneering experiment in Rolândia, Paraná, involves approximately 170 farmers/producers and 860 workers. The Ministry of Labour and Employment has expanded the model to include the States of Minas Gerais and São Paulo. Ten Consortiums of Rural Employers have been set up in Minas Gerais, comprising a total of 320 rural producers and three additional Consortiums are still being formed, in addition to eight Consortiums in São Paulo, comprising 364 farmers/producers. In Minas Gerais 3,128 rural employees have been registered and in São Paulo 5,640.

    180. The fact that a direct labour relationship between the employer and the worker in rural areas has been guaranteed clears the way for the possibility of progress when enforcing rest period legislation in the near term.

    Article 8

    181. It is worth mentioning the following concerning international instruments on which information is requested by the Commission of Economic, Social and Cultural Rights in its guidelines:

    (a) International Covenant on Civil and Political Rights. Brazil signed the International Covenant on Civil and Political Rights and ratified it on 24 January 1992. The Covenant came into force in Brazil on 24 April that same year. It was proclaimed by Decree No. 592 dated 6 July 1992. In 1994, the initial report was submitted to the Human Rights Committee (CCPR/C/81/Add.6, dated 2 March 1995). A periodic report is being drafted, as prescribed in the Covenant;

    (b) ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98). The Convention was ratified by Brazil on 18 November 1952. The latest report on the application of the Convention was forwarded to the ILO in 1999. In April that same year, the ILO sent to Brazil a technical advisory delegation to confirm the progress in collective bargaining. The Government was requested to provide information in the next document about all measures taken to boost collective bargaining in the autarchies and public foundations, since they are not part of the core functions of the State. It also requested information about the express repeal of article 623 of the CLT (Consolidation of Labour Laws) on the nullity of the provisions of a convention or agreement that are contrary to the rules of the financial economic policy of the Government or prevailing wage policy;

    (c) ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Labour Relations (Public Service) Convention, 1978 (No. 151).

    These conventions have not been ratified by Brazil.

    182. In Brazil, there are no legal requirements for setting up a trade union. The freedom of association and of trade unions are rights prescribed in the 1988 Federal Constitution. The Constitution prescribes on the matter of freedom of association in article 5, subitems XVII to XX.[6] These rules also apply to the association in trade unions, pursuant to article 8, paragraph I, of the Federal Constitution.[7]

    183. In 1937, the prevailing Federal Constitution followed the Italian corporatist model of trade union organization, establishing constraints of a unique nature on trade unions in terms of economic and professional category, and recognition by the State, and requiring the association to be officially established by charter, and to be funded through mandatory contributions.

    184. The 1988 Constitution eliminated the need for trade union recognition by charter and created the confederate contribution. Trade unions today only require to be registered at the Ministry of Labour and Employment, the government agency that verifies that the trade union meets the conditions of article 8. The 1988 Federal Constitution also eliminated State control

    over trade unions, the recognition and operation of which were previously subject to arbitrary action by public agents. It may be said without hesitation that the new constitutional text established an environment of freedom previously unknown by Brazilian trade unionism. However, it should be noted that the question of trade union freedom deserves to be improved in the constitutional text itself. In fact, the aforementioned article 8 has continued with some of the same constraints as the trade union model inherited from the State system of labour relations the regulation that a union may represent only one economic or professional category and the requirement of compulsory contribution mentioned in items II and IV of article 8 of the Constitution.[8]

    185. On this point, the Brazilian Government wishes to refer again to ILO Convention No. 87. In order to move towards full trade union freedom, the Government submitted to the National Congress the bill for a Constitutional Amendment No. 623/98, mentioned above. The purposes of the constitutional amendment are: freedom to create trade unions without being obliged to fulfil the criterion of professional or economic category, as well as the freedom to join or not; the end of the monopoly on representation caused by mandatory trade union membership, foreseeing the adoption of a law essential to the transition from the trade union system to trade union freedom; suppression of the socalled confederation contribution, to be replaced by a contribution approved by a general meeting of members; review of the regulatory authority, continuing with the Labour Court as an optional arbitrator of collective economic disputes at the joint request of the parties and, in cases of public interest, the possibility of binding arbitration of labour disputes; the institution of extrajudicial prosecution prior to mediation and conciliation in individual disputes. Once the proposal is approved by the National Congress, Brazil will be fully in conformity with the provision of ILO Convention No. 87 and will be in appropriate institutional conditions to fully practise collective bargaining.

    186. Currently, the creation of a trade union federation is possible based on a minimum of five trade unions, in compliance with the limitation of only one union per economic or professional category in the same territorial unit. A minimum of three federations are required to create a confederation, with the same requirement. In Brazilian legislation, there is no impediment to trade union representative entities’ joining international trade union organizations.

    187. With regard to how the trade unions operate, the basic text is again article 8 of the Federal Constitution, when establishing guarantees for the freedom of association and practising of trade union activity, such as freedom to be a member or to continue as a member of a trade union (item V), the mandatory participation of the trade unions in collective labour bargaining (item VI) and security of employment of a trade union member who applies or is elected to a post of trade union official until a year after the end of the term of office (item VIII). Trade unions also enjoy the freedom to be members of similar international organizations.

    188. Constraints against the right to organize trade unions are bound to the constitutional principle of trade union uniqueness, which, for example, forbids the creation of a company union. With the exception of the military, all other workers, including public servants, are

    entitled to be members of trade unions. The impediment against association of members of the armed forces and federal and state military, military police and military firemen is stated in article 42, paragraph 5, of the Constitution.

    189. Today there are no accurate statistics on the Brazilian trade union structure. According to data available in the Ministry of Labour and Employment, between 1931 and October 1988 (period in which the State controlled the creation and operation of trade unions), around 10,600 institutions of this kind were recognized in Brazil. After adopting the prevailing 1988 Constitution, and until 1999, it is estimated that approximately 6,000 trade unions had been created which today total around 16,500 institutions representing professional and economic categories.

    190. The workers’ right to strike is guaranteed by the Federal Constitution, in the introductory paragraph to article 9.[9] On the other hand, paragraph 1 of article 9 indicates that it is the duty of a specific law to establish the essential services or activities and the way to meet the pressing needs of the population. The constitutional rule is regulated by Law No. 7783, dated 28 June 1989, which states in its article 10 the essential activities and sectors to which apply the constraints also recognized in article 8 of the International Covenant on Economic, Social and Cultural Rights.[10]

    191. Article 11 of the aforementioned law stipulates that, in services or activities considered essential, trade unions, employers and workers are obliged to guarantee, during the strike, to provide the essential services to meet the pressing needs of the community. It also clarifies the concept of “pressing needs” as those, should they fail to be provided, imply imminent danger to the survival, health and security of the population. Should these provisions fail to be met, the public authorities are responsible for ensuring the provision of the essential services. Moreover, the same statute provides that, in strikes of essential services or activities, the trade unions or workers must report the decision to the employers and users at least 72 hours before the walkout.

    192. The regulation also foresees that, through an agreement between workers and employers, teams of employees are maintained in order to prevent the walkout from resulting in irreparable damage to property, machinery and equipment, and that it is possible to immediately resume company operations when the strike ceases.

    193. The Constitution, article 9, paragraph 2, cautions that abuse of the right to strike subjects those responsible to legal penalties. Law 7783 characterizes abuse of the right to strike as noncompliance with the rules contained therein and continuing the stoppage after signing an agreement, convention or labour court decision, the last stating, on the basis of the relevant jurisprudence, whether the strike is legal.

    194. The right to strike is, therefore, guaranteed to all categories of workers except members of the military, as mentioned previously pursuant to the conditions relating to special services or activities. The Federal Constitution also recognizes this right to the civil public servants, in terms and with constraints stated by a complementary law (art. 37, item VII). Should there be no rules on this constitutional provision, then, by principle of analogy, the provisions of Law No. 7783 prevail.

    195. The right to strike is widely ensured by the internal legal system and has been freely exercised since the restoration of the democratic system and advent of the 1988 Constitution.

    Article 9

    196. Concerning international instruments on the matter of social security to be addressed in the report as recommended by the Committee, the Brazilian Government mentions:

    (a) ILO Social Security (Minimum Standards) Convention, 1952 (No. 102); Employment Injury Benefits Convention, 1964 (No. 121); Invalidity, Old Age and Survivors’ Benefits Convention, 1967 (No. 128); Medical Care and Sickness Benefits Convention, 1969 (No. 130). The legislation on social security in Brazil has been undergoing a process of change to offer greater protection than the provisions considered by these conventions, conceived decades ago. This is why none of them has been ratified by Brazil;

    (b) ILO Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168). Brazil ratified this convention on 23 September 1993. The latest report was submitted to the ILO in 1998 and was received without comment by the Committee of Experts.

    197. Before making detailed comments on social security in Brazil, the Brazilian Government considers it essential to submit to the Committee on Economic, Social and Cultural Rights some viewpoints that characterize its perception of the matter and the commitment that it has firmly endeavoured to fulfil concerning all, without distinction.

    198. The creation of a protection network for the worker has for years been one of the essential concerns of the State and the social security system plays an important role in this network.

    199. A system that protects the worker, such as the social security system, provided on an ongoing basis, involves a huge amount of resources and obligations. In order for it to survive over the years, it is necessary for each participant to contribute with a portion of his or her income while economically active. Financing the system is based, therefore, on the contributory nature of the beneficiary’s employment. Should a citizen receive a pension without having contributed to it at any moment, the overall system would be paying the bill, since the resources would have to be taken from other contributors.

    200. At the same time, the contribution must be established according to the capacity of each individual, and the benefit must be in proportion to this same contribution. This is the principle of equality. Should this fail to happen, certain persons or groups of people will be enjoying benefits to which they did not duly contribute.

    201. To a certain extent, some distribution of income does eventually occur within the system. But this distribution must be in the correct direction, with the system’s rules benefiting those with less purchasing power. This solidarity with the underprivileged is a rule that strengthens social cohesion. It is a mistake, however, to consider the social security system essentially as a mechanism for reducing social disparities.

    202. Every member of society must be protected by the social security system, as stated in the principle of universality, since social risks affect everyone and, for this reason, there is no sense in protecting only some groups and not others. This principle permits the State to impose compulsory adherence to the system, so that protection is extended to the whole population.

    203. The sense of justice imposes standardization so that the benefits are the same for all participants. It is totally unacceptable that the rules differentiate between professional categories or benefit some individuals in detriment to others, without reasons known to and accepted by the population.

    204. By definition, the social security system depends on variables that are hard to forecast. Such variables may be of a demographic nature or related to the level of economic activity or changes in the labour market during the years. It is difficult to assess accurately the duration of the benefits granted or if, with all the current changes in the population and labour market, the form of financing will be sufficient to cover the continuing benefits.

    205. Specialists on such matters, actuaries and demographers, work with averages and analyse the profile of the pensioners to be able to discover trends. They analyse the financial impact of each rule in the system and seek to establish a suitable financing scheme for the existing benefits. Any increase in benefits without the proper counterweight of resources may cause the entire system to come to a standstill.

    206. The financial and actuarial balance[11] is necessary not only to give security to the people who contribute to the system every month and who expect to enjoy the benefits in the future, but also to guarantee the payment of benefits to those who have contributed in the past. The actuarial calculations, therefore, are made for several generations.

    207. Every country in the world today adopts social security laws, which appeared for the very first time in Germany in the late nineteenth century and have been universalizing since then. Most countries adopt a basic universal social security system, alongside a complementary public or private retirement system. In both systems, the individual contribution is the basis of the benefit and one of the main standards is the age limit. Almost all countries also have special systems for civil and military public servants, with standards different from those pertaining to all other workers.

    208. The age limit is a guideline adopted by the social security systems of almost every country; only seven countries use time of employment as the basis for retirement among those countries and only Brazil does not condition the payment of pension on retirement from the labour market.

    209. Most countries stipulate a minimum period of contribution for granting a pension, a requirement known in Brazil as carência, or grace period. Moreover, in most countries the maximum pension paid by the public social security system is always limited to less than the last wage earned.

    210. Another element found in the laws of most countries is the special pension schemes applicable to civil and military public servants, on the basis that civil servants’ dedication to the State must be full time.

    211. Throughout the debate on the social security system, criticism against globalization of the economy has been a recurring theme. The Brazilian Government recognizes that globalization is present today and seeks to increase its share of the international market and enhance the productive system. Nevertheless, there is a growing concern about the negative impacts that widespread globalization may cause in a number of sectors and segments of society, including human rights in general and the full realization of economic, social and cultural rights in particular. From this angle, the Brazilian Government has maintained that globalization must be symmetrical and has increasingly considered its ethical and human dimensions.

    212. The structure of social welfare in Brazil is based on a project by congressman Eloy Chaves in 1923, which led to the creation, through Decree No. 4682, of the Retirement and Pension Fund for railroad employees. These workers and their families were then entitled to medical care, specially priced medicaments, retirement and pensions. The system in mind, however, was not at all comprehensive and had a fragile structure. The “pension funds” were organized by companies and very often did not reach the required number of recipients to establish underwriting bases in other words, a sufficient number of contributories to establish a flow of revenue to ensure the payment of longterm benefits. The 1923 project adopted two universal principles from the social security systems: the contributory character and the age limit.

    213. It is interesting to note that the 50year age limit established in the aforementioned Decree was higher than the life expectancy of the Brazilian born in the 1920s. Although there are no demographic data available for that decade, it is possible to reach this conclusion based on IBGE estimates for 19501955, when life expectancy at birth in Brazil was around 49 years.

    214. The following table gives estimated and forecast life expectancy in Brazil for the period from 1950 to 2015. The Committee could use these data also to assess the continuing improvement in the life expectancy of the Brazilian population, an aspect relating to the economic, social and cultural rights covered by the International Covenant.

    215. The social security system based on the company pension fund, founded in the 1920s, became the model that was adopted in other sectors of the economy.

    216. The faults in the actuarial tables of the retirement and pension funds were reflected in the formation of equity. Administrations were marked by technical dismantling which prevented them from protecting the financial health of the Funds as they grew and as the number of benefits increased.

    Table 33
    Life expectancy at birth,[12] estimates and forecasts, 19502015

    Period
    Men
    Women
    19501955
    49.32
    52.75
    19551960
    51.60
    55.38
    19601965
    54.02
    57.82
    19651970
    55.94
    59.95
    19701975
    57.57
    62.17
    19751980
    59.54
    64.25
    19801985
    60.95
    66.00
    19851990
    62.30
    67.60
    19901995
    63.54
    69.10
    19952000
    64.70
    70.40
    20002005
    65.74
    73.60
    20052010
    66.47
    72.60
    20102015
    66.84
    73.40

    Source: CELADE/IBGE, Brazil. Estimaciones y Proyecciones

    de Población, 19502025, Fascículo F/BRA, 1 July 1994, pp. 6576.

    217. The first financial and administrative crisis in the Brazilian social security system occurred in 1930 when the system underwent restructuring and included practically all categories of urban worker. In the following years, six major national institutes were created to replace the pension funds. The institutes were no longer organized by company but by professional category or groups of related professions. Since the 1930s the law maintained the contributory nature and the 50year age limit (increased in 1960 to 55 years).

    218. The reform in the 1930s regulated the retirement of civil servants, providing only for retirement for reasons of age or invalidity, with benefits in proportion to time in employment. This was an innovation since until then there had been systems of partial protection for some public service categories and the military. In 1941, the Military Law, instituted by DecreeLaw No. 3094, consolidated the pension system for the military.

    219. The social security system for workers in the private sector was later to undergo progressive legal and institutional unification. The corporate pension “funds” and institutes underwent a process of homogenization of their costing and benefit plans pursuant to the Basic Law on Social Security (LOPS), culminating in the implementation of the current General Social Security System (RGPS) run by the National Social Security Institute (INSS).

    220. When the new system began, positive cash balances were found owing to the fact that the number of contributing workers was much higher than the number of nonactive recipients. From 1986 to 1988, more transfers were made from the social security to the health sector as a result of the implementation of the Single Decentralized Health System (SUDS). From 1988 to mid1993, transfers to the Single Health System (SUS) accounted for 15 per cent of the whole payroll tax collection.

    221. Universalization of the social security system, that is, social protection for everyone, whether economically active or otherwise, is a more recent practice. In its first 40 years of existence, Brazilian social security legislation was concerned specifically with urban workers. It was only in 1963 when the Statute of the Rural Worker was created, with benefits that basically followed the same structure that is in force today: retirement for invalidity and old age, pension for the beneficiaries in case of death, medical and complementary care, funeral grant and sickness benefit. The rural worker did not have retirement for length of service and only after 65 years of age; the benefit corresponded to 50 per cent of the value of the highest minimum wage then existing in the country. Legislation also introduced coverage for employmentrelated injuries, with a new form of sickness benefit and social welfare, that also included the category of rural employers. Between 1971 and 1975, a new system was developed by a set of legal acts comprising complementary and statutory laws and regulatory decrees.

    222. The measures adopted in the rural area until then may be considered very limited in relation to the benefits available to the urban dweller. Right from the start, universalized social security in Brazil has been marred by serious distortions. The principal one is that the individual contributory character of the universal principle of the social security system was not respected. The agricultural sector did not have the organizational and financial conditions to bear the expense of the social security services, which continued by transferring resources from the urban sectors.

    223. Numerous distortions occurred as a result of the “reciprocal counting” mechanism for time of service, which enabled an exponential increase in the concession of benefits on the basis of time spent in noncontributory employment. An example as an illustration is a person who started working at 14, but who did not contribute to social security until the age of 4041, when the minimum contribution was paid. Later, this same person gets a job in an urban area and pays the maximum contribution for 36 months. Using reciprocal counting, the person can retire even before reaching 50.

    224. Temporary workers in firms were included in the social security system in 1974. Those over 70 years old and invalids who had no social security coverage now were entitled, regardless of contributions, to a lifelong monthly income, as a type of allowance. The maternity grant and domestic employee support were created while employment injury benefits were extended to rural employees. The social security system now also included the selfemployed and entrepreneurs, based on compulsory adherence through a regular individual contribution.

    225. A good part of this further coverage, for the sake of the principle of universalization, was made without any major concern for the economicfinancial balance of the system. Many benefits were granted without the corresponding portion paid in contributions. Nor was there an equal ratio between premium and risk, bearing in mind that most new benefits consisted of immediate expense, without a minimum grace period. Some were immediately paid after approval of the relevant law, that is, with no grace period at all.

    226. The increase in benefits was only possible due to the existence of substantial financial reserves in the system. This was a great strategic mistake of the social security system in Brazil.

    227. Recently, the social security account in the rural sector has tripled its expenditure. Around 4.5 million rural pensioners and beneficiaries immediately received the equivalent of one full minimum wage instead of half a wage, without a corresponding source of financing. Extending benefits to rural workers and fixing the benefit base at one minimum wage, albeit important social achievements, is still without a sound basis for those benefits to be financially feasible and no studies have been done to propose alternatives.

    228. The financing scheme for rural benefits, based on a contribution of 2.5 per cent of gross earnings from retailed agricultural production and the payroll contribution of rural workers, is obviously inadequate. In fact, contributions from the rural area may be considered negligible. In 1996, for example, contributions represented around 8.2 per cent of the total outlay for rural benefits.

    229. The retirement age in the rural sector has dropped from 65 to 60 years old for a man, and from 60 to 55 for a woman. Collection of contributions from the rural insured has been temporarily waived and special forms of proof of being a rural worker have been adopted. To qualify for inclusion in the rural sector, it used to be sufficient to be a child of a rural producer; this caused early retirements in the urban areas and the public service, often at a very high cost to the system and without contributions having been paid by the beneficiaries.

    230. The minimum wage was adopted as the basis for continuing to provide benefits. A lifelong monthly income was guaranteed for the elderly and a monthly income for disabled persons, provided that there is evidence of a low income. All benefits were recalculated based on the number of minimum wages to which they corresponded at the date when they were granted.

    231. Another important aspect that must be included in the analysis of the development of social security and the issues currently under discussion is the creation of the Single Legal System (RJU), which was later extended to employees contracted under the Consolidation of Labour Laws (CLT) who worked in independent and foundation administrations; they were also to be entitled to full pension, stability and other benefits formerly restricted to statutory civil servants.

    232. In Brazilian society there is a wide variety of social security systems for public servants: at federal, state and local levels; private, open and closed complementary systems; and special systems for members of congress, the judiciary and the Department of Justice. They all operate parallel to the General Social Security System run by the National Social Security Institute (INSS). The multiple systems and standards for access to benefits increase the operating costs of the social security system and do not facilitate the fight against fraud, and somehow open themselves up to privileges and discrimination.

    233. The social security system currently operates on a simple sharing basis, that is, the economically active must pay for those inactive today. In this way, the entire social security revenue obtained during the year is used to pay benefits. There is no accumulation of “reserves” to be used in the future. The sharing system implies that the benefits to be paid to the current contributors when they become inactive in the future will be ensured by contributions from future generations of workers.

    234. In the 1950s, eight contributors would finance one pensioner. In 1970 this ratio was 4.2 to 1. In the 1990s, 2.3 persons are working for one pensioner. By the year 2020, continuing at the current standards, the proportion will be 1 to 1. This tendency is worsened by the demographic changes occurring in Brazil, with an upward trend in the average age of the population. With the drop in the birth rate and increased life expectancy, the percentage of senior citizens (over 65 years old) in relation to the total population may reach 7.7 per cent by 2020. This is even more impressive when considering that this percentage was 3.1 per cent in 1970.

    235. The current profile of the Brazilian social security system contributes to a perverse redistribution of income, one of the main reasons why the Government insists on changing it. An example worth mentioning is retirement on the basis of time in employment. Statistical data show that people who retired on this basis had stable jobs, or changed jobs very rarely. Retirement on the basis of time in employment tends to become a resource for early retirement for the higherincome segment of the population. For lowincome segments, who find access to the labour market harder, securing this benefit is very difficult since most of them swing back and forth between the formal and the informal markets. Many are not even able to provide evidence of the contribution period. Therefore, despite the original intentions, the employmenttime mechanism has encouraged early retirement (78.3 per cent of men and 83.9 per cent of women are under 55 years old when their benefit begins). It has become an income supplement since only Brazil, unlike the other six countries that have adopted this standard, does not require that the beneficiary retire from the labour market.

    236. The fact that the average age for receiving benefit is low raises the expected duration of the social security benefit in Brazil for men and women; it is longer than in the countries of the Organization for Economic Cooperation and Development (OECD), whose members are the world’s wealthiest countries. In 1993, the Latin American Demography Centre (CELADE) stated that, on average, while a man in the OECD countries would receive a benefit for 15.2 years, a Brazilian pensioner would continue to receive his benefit for 17.5 years. Similarly, while a woman in the OECD countries receives her pension for 18.6 years, a retired Brazilian woman would have her pension for 20 years.

    237. The matter of the social security deficit is undeniably relevant. In 1992, the collection of social security contributions from the payroll was enough to cover the outlay for benefits, personnel and costs of the social security system, as well as to permit the transfer of some 15 per cent of this revenue to the health sector. Today, social security collection is not nearly enough to cover even the payment of benefits. This insufficiency, plus the expenses for personnel and costs, has been systematically covered by transfers from the Treasury (from contributions on income and the COFINS tax on social security financing), returns from financial investments and cash balance. In 1996, according to data at deflated December 1996 prices based on the General Price Index (IGPDI), net social security revenue (total collection transfers to third parties) was Cr$ 41.5 billion against around Cr$ 50 billion in total expenses. The payment of benefits alone was Cr$ 42.6 billion. Transfers from other social security sources were Cr$ 3.1 billion, Cr$ 2 billion of which came from COFINS and Cr$ 900.5 million from the Fiscal Stabilization Fund.

    238. The high levels of exposure of social security revenue reflect, especially, the increase in the number of ongoing benefits and the average sum of benefits recorded in recent years. In 1991, the number of ongoing social security benefits was 12,473,738; in 1996, this figure rose to 16,586,267, corresponding to a 33 per cent increase over a fouryear period. The increase in the number of rural benefits is even greater: in 1991, there were 4,103,089 ongoing rural benefits; in 1996 this figure was already 6,390,401, that is, an increase of 55.8 per cent in only four years.

    239. The average value of social security benefits also increased significantly. In 1988, the average sum of urban social security benefits was 1.37 minimum wages. In 1995, it already corresponded to around two minimum wages while in 1996 it reached Cr$ 246.80, or 2.2 minimum wages. In the rural areas, the average value of social security benefits doubled between 1988 and 1995, from 0.52 minimum wage to 1.01 minimum wages. In 1996, it reached Cr$ 114.00, or 1.02 minimum wages.

    240. When the Government decided to grant a 42.8 per cent adjustment in May 1995 to the social security benefits and 15 per cent in May 1996, the value of the benefit base continued its upward trend, with a 22.5 per cent rise in real terms between June 1994 and December 1996.

    241. Similarly, from July 1994 to December 1996, the average real value of the benefits rose 19.3 per cent from Cr$ 166 at the start of the Real Plan to Cr$ 198.

    242. A deficit of 4.2 per cent in the GDP today is equal to more than Cr$ 30 billion, or around seven times the collection expected from the tax on financial transactions (CPMF). This is the figure estimated for the deficit in the social security accounts by 2030. If the system continues unaltered, the expected course towards the deficit will be inevitable, even assuming optimistic hypotheses for the behaviour of the economy.

    243. The reform of the Brazilian social security system is, therefore, necessary. It always includes concerns of a social nature, equality and justice and an improved role of the State in fundamental areas for social development and the promotion and protection of human rights.

    244. The Brazilian Government views the reform of the social security system according to the lines mentioned in the preceding paragraph. The main purpose of the proposal for a constitutional amendment, already submitted by the Government to the National Congress, is to further social justice, by eliminating privileges and distortions currently existing in the Brazilian social security system. With the proposed measures, the Government endeavours to guarantee the rights of pensioners and those who are on the verge of retirement. The measures will permit the social security system to leave behind a shaky situation for one of sustained balance.

    245. Yet the measures will only be significantly effective in the middle and long run, since the Government has chosen to adopt an alternative that preserves acquired rights. This is not a drastic departure from the current public system based on simple sharing and defined benefits. The Government intends to replace the current system with a compulsory private model, founded on capitalization of contributions deposited in individual savings accounts, in accordance with

    the experience of other countries. The Government’s chosen strategy is for the current model to be gradually and constantly adjusted, with stronger emphasis on the universal principles ruling the social security systems of the more advanced countries.

    246. The reform will continue with the public and compulsory General Social Security System (RGPS) for all workers in the private sector. At the same time, the Government will encourage the creation of corporatesponsored complementary pension schemes which may entail contributions from both employee and employer. There will also be incentives for workers who wish to set up savings programmes to supplement their income on retirement. The reform proposes to adopt similar standards for contribution and payment of benefits, reducing the differences between the various systems existing today. The systems will continue separately, from the operational viewpoint, but shall adopt similar financial and social standards to those of the RGPS.

    247. Public servants will continue to have a special system and will not be included in the RGPS. The Government proposes to create a specific pension fund for public servants, maintained by contributions from the civil servants themselves and the central Government. Both military and civil servants will have a specific pension fund and, owing to the special features of their profession, will have a minimum age and differentiated pension values. The rights acquired by pensioners and beneficiaries from the two systems will be respected. State and local social security rules will continue to exist but will be governed by federal legislation.

    248. The RGPS will continue to adopt the simple sharing system. With the proposed standards, the Government considers that longterm social security will not only succeed in overcoming the current financial hardships, but may also accumulate reserves for any unfavourable economic circumstances. In technical terms, the desirable minimum corresponds to enough reserves to pay for six months of benefits.

    249. The reform sets a minimum age for receiving a pension, following the example of the rest of the world. Actuarial and demographic studies show that this minimum age is around 60 years old, and is expected to rise to 65 years.

    250. Similarly, demographic studies confirm that the life expectancy of urban and rural workers who are 5060 years old is practically the same and, therefore, does not justify the differentiation that exists today. In 1995, 280,540 benefits were paid to people over 90 years old, of whom 69,152 were urban and 211,388 rural dwellers.

    251. Retirement on the basis of time in employment will cease to exist. The proposed reform of the social security system substitutes the qualifying period of employment for the contribution period. The Government will propose to the National Congress, based on studies on the financial and actuarial feasibility of the system, more contributions for retirement purposes. Proportional pensions will also be eliminated, and there will only be a pension for the contributory period.

    252. Special pensions are changing, with the publication of 1995 Law No. 9,032 and 1996 Provisional Measure No. 1,523. The idea is that special pensions are only granted to workers exposed to health hazards. Until recently, special pensions were paid to whole professional categories. In such cases, an office worker would be entitled to the same special pension as a colleague who was exposed to health hazards.

    253. Teachers, except for primary teachers, would no longer be entitled to a special pension (25 years of service for women and 30 years for men) and must already have paid a minimum number of contributions to apply for a pension.

    254. Although the continuation of the special pension for primary teachers is being justified as a way to compensate for the low salaries and poor working conditions of that category, it is important to stress that this is a vicious circle. Poor salaries justify early retirement which, in turn, overloads the payroll of local governments and prevents an increase in primary teachers’ salaries. This trend has resulted in growing commitment of local budgetary resources to the economically inactive and the deterioration in primary education.

    255. Lastly, the proposed reform provides for the minimum wage to continue as the lowest value (base) for social security benefits. Also within the scope of the reform proposed by the Brazilian Government are the closed private pension funds operating under the capitalization system that have insufficient capitalization, which should proceed to adapt their pension schemes actuarially to the equity they already have and the actual contribution capacity not only of the sponsoring companies, but also of their beneficiaries, and offer benefits more in line with reality. The Government does not intend to stop public companies from sponsoring closed private pension funds, but rather to eliminate privileges and excess, which imposes on society a burden which it obviously does not wish or have the financial capacity to support.

    256. Another important aspect in reforming the social security system is antifraud and antitaxevasion measures and changing management methods to streamline administration. Between 1992 and 1996, around 1 million irregular benefits were cancelled, 400 defrauders or tax evaders were sentenced to prison terms, and more than 4,000 investigations were started by the Federal Police and Department of Justice. The federal courts and the Department of Justice received 57,945 cases of undue tax foreclosure.

    257. Meanwhile, the administrative collection process has been improved by following up the major debtors and with the concern to reduce the legal procedural time. In 1996, after efforts to simplify and modernize the inspection and administrative and legal collection system, the revenue from the active debt doubled compared with the previous year, to a total of Cr$ 600 million.

    258. When dealing with fiscal management, the Ministry for Social Security and Welfare is now automatically identifying likely tax evaders by crossing data from the national social database (CNIS) with data from corporate social security contribution rolls. The Government has been installing a system to assess the monthly performance of the sector responsible for levying, inspecting and collecting social security contributions. In 1996, this effort helped increase, in real terms, the social security revenue by 11 per cent compared with 1995.

    259. Also in progress is a programme for restructuring and computerizing the Regional Collection and Inspection Offices (GRAF), in the first stage involving the training of civil servants in new management techniques.

    260. The national social database (CNIS) is being gradually implemented to be able to recover, classify and consolidate information referring to all Brazilians who are economically active, registered in the various federal government rolls. CNIS will consequently enable online queries to be made with respect to more than 250 million Brazilian workers, the results of which will be used by the INSS to grant benefits, detect fraud and for inspection purposes. It is estimated that in five years’ time the CNIS will permit workers ready to retire to apply for their pension by presenting their identity card, instead of having them submit the numerous probative documents that are required today as evidence of their social security contributions and qualifying employment period.

    261. The Brazilian Government has endeavoured, through the Ministry of Social Security and Welfare, to improve in an even more militant manner the quality and efficiency of services provided to the beneficiaries. In 1996, 122 conventions were signed with service providers to benefit 645,000 beneficiaries and help clear the overcrowded social security offices. At the same time, services to the beneficiaries increased through the call centres, which in 1996 recorded 3.2 million calls and 20,000 appointments for information. Last year, the online concession was installed in more than 100 social security posts and the computerization of 952 posts was concluded, bringing the total to 1,105.

    262. One of the most successful experiences involving the use of performance indicators has been achieved in the social security area. One of the indicators, the average time taken to grant benefits (tmc), has been diminishing steadily since it began to be measured. The tmc of the regional social security offices throughout Brazil dropped from 66 days in 1994 to 29 days in December 1996. In December 1994, it took more than 45 days to grant 41 per cent of the benefits. In December 1996, this figure dropped to only 17 per cent. By December 1994, 69 per cent of the pension offices were computerized, while today 90 per cent are computerized.

    263. Concerning employment injury, the Brazilian system grants benefits, divided into three categories, as follows:

    (a) Employment injury sickness leave. A rural or urban beneficiary who is economically active (except domestic employees), and special beneficiaries who are off work as a result of an employment injury are entitled to this benefit. The benefit is granted, regardless of the number of contributions, starting on the sixteenth day and extending to the date when the beneficiary is discharged by the accredited medical doctor. In the case of the random or special worker,[13] the benefit starts on the day after the injury (should the worker be immediately off work) or when medical care begins. Other employees are paid by the company for the first 15 days off work as a result of an employment injury. The monthly payment is 91 per cent of the benefit wage, or 91 per cent of the contributory salary, should the beneficiary be a voluntary contributor, or of one minimum wage in the case of a special beneficiary;

    (b) Invalidity pension as a result of employment injury. This is granted to the rural or urban beneficiary (except domestic employees) who is economically active, and the special beneficiary who is considered unable to work and unfit for professional rehabilitation. It begins the day after the end of the employment injury leave or immediately, should total and definitive incapacity to work be confirmed immediately after the injury. The benefit lasts as long as the injury continues. Should the beneficiary be considered able to return to work, a new assessment will be made by the National Social Security Institute (INSS) and, on his return to work, his pension will be automatically cancelled. The sum received corresponds to 100 per cent of the benefit wage or 100 per cent of the contributory salary, in the case of an optional beneficiary, or one minimum wage in the case of a special beneficiary. Should the accredited medical doctor confirm that the injured party requires permanent care by another person, the value of the pension for invalidity will be increased by 25 per cent;

    (c) Disability compensation from an employment injury. This benefit is paid to the rural and urban employee (except domestic employees) and special social security beneficiaries who, after an employment injury has healed, suffers from sequela that reduce his working capacity. The compensation is granted regardless of any remuneration earned by the injured party, even when this refers to another benefit. This disability benefit is of a compensatory nature and its value corresponds to 50 per cent of the benefit wage.

    264. In addition to the above three categories, there is the social security injury benefit, applicable to the beneficiary who has reduced capacity as a result of an injury other than an employment injury. Its value is equal to that of the benefit mentioned in (b) above.

    265. Table 34 below shows the quantity and value of social security disability benefits paid by the social security.

    Table 34

    Social security injury benefit, 19951999

    Year
    Quantity status in December
    Value (Cr$ million June 1999)
    Accumulated in the year
    1995
    520 018
    1 285.26
    1996
    532 516
    1 444.81
    1997
    516 092
    1 581.44
    1998
    506 254
    1 704.15
    1999
    460 388
    1 760.88

    Source: Anuário Estatístico da Previdência Social and Boletim

    Estatístico da Previdência Social.

    266. With regard to the structure of social security benefits, Brazil also has the old age pension, aid for poor senior citizen and the maternity grant. The maternity grant will be discussed in detail in the comments on article 20 of the Covenant. Concerning the other two benefits, it is worth mentioning that they are financial aids given to senior citizens, a segment of the population which deserves special attention because of its greater vulnerability.

    267. In order to receive an old age pension, the social security beneficiary must be 65 years old or more for men and 60 for women. These limits are five years less for rural workers. The grace period for an old age pension today is 9½ years and is to be increased gradually to 15 in 2011.

    268. A person 67 years old or over, with proof that he or she cannot be selfsufficient, either by his or her own means or through family help, is entitled to receive a monthly minimum wage as social welfare. This benefit applies in cases where the family income is less than a quarter of the per capita minimum wage; it is supported by funds from the National Treasury rather than from social security contributions. A similar benefit of a lifelong monthly income, paid from funds raised by social security contributions, was eliminated on 1 January 1996. Existing beneficiaries continue to receive benefits.

    269. Funds for aid to senior citizens are available in the social welfare sphere from the National Social Welfare Fund (FNAS); benefits are granted through the social security system which already has a network structured to provide benefits for a larger number of people and has a larger volume of resources.

    270. Table 35 shows the quantity of benefits paid to senior citizens and the accumulated annual outlay for these benefits.

    Table 35

    Senior citizen benefits, 19951999

    Year
    Old age retirement pension
    Senior citizen social welfare
    Lifelong monthly old age pension
    Quantity
    December
    status
    Value
    (Cr$ million
    June 1999)
    Accumulated
    in the year
    Quantity
    December
    status
    Value
    (Cr$ million
    June 1999)
    Accumulated
    in the year
    Quantity
    December
    status
    Value
    (Cr$ million
    June 1999)
    Accumulated
    in the year
    1995
    4 786 846
    9 511.90
    501 944
    979.58
    1996
    4 843 234
    9 629.76
    41 992
    27.03
    459 446
    837.92
    1997
    4 952 758
    9 680.80
    88 806
    102.17
    416 120
    666.42
    1998
    5 147 524
    10 369.15
    207 031
    230.33
    374 301
    624.32
    1999
    5 373 000
    10 874.45
    312 299
    421.79
    338 031
    567.17

    Source: Anuário Estatístico da Previdência Social and Boletim Estatístico da Previdência Social.

    Notes:

    1 Lifelong monthly old age pension was eliminated in January 1996. Since 1996, data refer to the stock of existing benefits.

    2 Legal standard: Law No. 8,213/91, LOAS Basic Social Welfare Law [Lei Orgânica da Assistência Social], article 2, Law No. 8,742, dated 7 December 1993 and Decree No. 1744, dated 18 December 1995.

    271. People who fall into a situation of permanent invalidity for work are the subject of special attention in the Brazilian system. Those who have been contributing to the social security system receive an invalid pension; in the case of noncontributors, the social welfare benefit is granted to disabled persons (one minimum wage), provided that they confirm that they have insufficient income. To receive an invalid pension, a 12month grace period is required, unless the invalidity is the result of any kind of injury or of an employment ailment. The standard for insufficient income, as in the case of the senior citizen allowance, is based on a family per capita income of less than one quarter of the minimum wage.

    Table 36

    Disability benefits, 19951999

    Year
    Invalid pension
    Disability allowance
    Lifelong monthly invalid pension
    Quantity
    December
    status
    Value
    (Cr$ million
    June 1999)
    Accumulated
    in the year
    Quantity
    December
    status
    Value
    (Cr$ million
    June 1999)
    Accumulated
    in the year
    Quantity
    December
    status
    Value
    (Cr$ million
    June 1999)
    Accumulated
    in the year
    1995
    2 029 989
    4 198.18
    701 341
    1 358.19
    1996
    2 033 998
    4 346.19
    304 227
    166.12
    667 281
    1 204.22
    1997
    2 070 256
    4 473.81
    557 088
    728.04
    626 497
    983.66
    1998
    2 114 690
    4 782.24
    641 268
    949.93
    585 197
    956.71
    1999
    2 203 741
    5 101.08
    720 274
    1 098.66
    547 693
    902.64

    Source: Anuário Estatístico da Previdência Social and Boletim Estatístico da Previdência Social.

    Notes:

    1 The lifelong monthly income benefit was extinguished in January 1996.

    2 Data from 1996 onwards is from the stock of existing benefits.

    3 Legal standard: Law No. 8213/91, LOAS Basic Social Welfare Law [Lei Orgânica da Assistência Social], article 2, Law No. 8742, dated 7 December 1993, Decree No. 1744, dated 18 December 1995.

    272. In the case of death, the benefit is paid as a pension to the spouse/companion, children or parents of the pensioners or beneficiaries. Children will only be entitled to receive the benefit if they are under 21 years old and provided that there is no spouse entitled to the pension. The parents of the deceased, in turn, only receive the benefit if there is no spouse or children, and if there was a relationship of dependence.

    273. Tables 37 and 38 contain data referring to pensions for death paid in Brazil between 1995 and 1999 and employment injury benefits in the same period.

    Table 37

    Death pensions, 19951999

    Year
    Quantity
    December status
    Value (Cr$ million June 1999)
    Accumulated in the year
    1995
    4 235 420
    9 678.22
    1996
    4 394 420
    10 401.00
    1997
    4 585 501
    11 066.07
    1998
    4 714 454
    12 090.27
    1999
    4 872 300
    12 760.00

    Source: Anuário Estatístico da Previdência Social and Boletim

    Estatístico da Previdência Social.

    Table 38
    Employment injury benefits, 19951999

    Year
    Disability compensation
    Invalid Pension
    Disability Social Welfare
    Quantity December status
    Value
    (Cr$ million June 1999) Accumulated in the year
    Quantity December status
    Value
    (Cr$ million June 1999) Accumulated in the year
    Quantity December status
    Value
    (Cr$ million June 1999) Accumulated in the year
    1995
    65 101
    242.93
    85 168
    245.52
    197 503
    252.32
    1996
    72 605
    307.21
    88 748
    273.13
    210 110
    294.17
    1997
    79 495
    374.01
    94 415
    307.45
    225 489
    353.16
    1998
    82 688
    419.61
    98 789
    346.14
    235 570
    407.26
    1999
    77 347
    422.29
    104 432
    377.06
    244 974
    442.90

    Source: Anuário Estatístico da Previdência Social and Boletim Estatístico da Previdência Social.

    274. The unemployment allowance is a benefit in the social security sphere that depends on funds from the Workers Aid Fund (FAT). It was started in 1986 and is run by the Ministry of Labour. The application for the allowance must be submitted by the dismissed worker from 7 to 120 days after being laid off to the Regional Labour Offices, national employment offices in the states (SINE), or to branches of the federal savings bank (Caixa Econômica Federal).

    275. The unemployment allowance applies to employees in the formal market who have been laid off without justification and are contributing to the official social security system. It covers all categories of worker, except domestic employees. It is granted to the unemployed who have been economically active at least 15 months in the last 24 months or for 6 months immediately

    before being laid off. The number of payments varies from three to five, either in succession or alternating for every 16month period; it also varies with the time of formal employment relationships in the previous 36 months.

    276. The value of the benefit varies from one to three minimum wages, depending on the income earned by the employee in the previous three months. In 1997 federal outlay for the unemployment allowance was 0.40 per cent of GDP, covering around 65 per cent of employees laid off without justification. Approximately 39 million allowances were granted between 1986 and 1998.

    Table 39
    Unemployment allowance: employment period
    and number of payments in 1997

    Employment period
    Number of payments
    24 months
    5
    1224 months
    4
    611 months
    3

    Table 40
    Unemployment allowance: federal outlay and
    number of beneficiaries in 1997

    Year
    Outlay (in Cr$ 000)
    % GDP
    Beneficiaries
    1994
    1 547 498
    0.44
    4 030 799
    1995
    2 898 878
    0.45
    4 738 528
    1996
    3 309 167
    0.42
    4 359 092
    1997
    3 451 042
    0.40
    4 380 903

    Source: IBGE Contas Nacionais. Reproduced by Balbinotto and Zylberstajn (1999). Legal standards: 1988 Constitution; 1986 DecreeLaw No. 2284; Decree No. 92608; 1990 Law No. 7998; 1994 Law No. 8.900; CODEFAT Resolution No. 64.

    277. In addition to the benefits mentioned above, it is also worth commenting upon family benefits, consolidated in the family allowance and Minimum Income Guarantee Programme.

    278. The family allowance is a social security benefit paid to employees with a monthly income under Cr$ 376.60 for each child under 14 years old who is attending school and for each invalid child. It is an ongoing monthly allowance of Cr$ 9.05 per child (1999 figures). Pensioners with children in the same circumstances are also entitled to receive the family allowance. The need to confirm school attendance to receive the allowance came into force only in December 1999, with the publication of Law No. 9.876/99. The cost of the family allowance is defrayed by the social security system, but the payment is made by the employer. In fact, the

    employer deducts from the amounts to be paid into the social security system the amount paid to employees as a family allowance. Pre1999 data are unavailable, since the tax payment form for the employee severance indemnity fund (FGTS) and social security information (GFIP) was only implemented in 1999, these are the data used to calculate this allowance. In 1999, the GFIP newsletter showed that Cr$ 1,810,000 (values at June 1999 prices deflated using the national consumer price index) were spent to pay this benefit.

    279. The Minimum Income Guarantee Programme, in turn, is in the sphere of the Ministry of Labour and operates at the initiative either of the local government or in partnerships between the Federal Government and local governments, under the coordination/administration of the Ministry of Education. The programme focuses on families with children in the 714 age group in school (some places provide for the 014 age group). To be eligible for the benefit, the family must have a per capita income of less than half a minimum wage. The joint federallocal government applications are expected to increase, with the annual additional inclusion of 20 per cent of local governments in each Brazilian state, which will mean 3,300 local governments participating by 2002. The local counterpart provides support to the programme corresponding to 50 per cent of the costs, which may take the form of socioeducational, health or social welfare services or extramural cultural activities directly for the beneficiaries in the 714 age group.

    280. By September 1999, 786 local governments had already joined the programme, with a total of 784,823 beneficiaries between 7 and 14 years old. This represents a total of 393,347 families, and an average benefit of Cr$ 34.87 per child at school.

    281. The Brazilian Government believes that it is important to mention to the Committee on Economic, Social and Cultural Rights the amount spent on social security as a percentage of GDP, which is shown in the following table.

    Table 41
    Social security share of GDP (%)

    Areas
    Years
    1994
    1995
    1996
    1997
    Health
    2.02
    2.16
    1.71
    1.97
    Social security
    5.27
    5.43
    5.68
    5.57
    Aid
    0.18
    0.6
    0.17
    0.25
    Unemployment allowance
    0.36
    0.44
    0.44
    0.41
    Central government social security charges
    2.27
    2.44
    2.22
    2.27
    Subtotal (a)
    10.10
    10.63
    10.22
    10.47
    Total social federal expenditure (b)
    12.18
    12.42
    11.85
    12.17
    a/b
    0.83
    0.86
    0.86
    0.86

    Source: SIAFI/SIDOR. Prepared by: DIPOS/IPEA.

    282. In order also to provide the Committee with further elements to help analyse the federal social outlay, the Brazilian Government refers below to the share of the outlay for social security benefits in relation to GDP.[14] Between 1995 and 1998, the percentage continued its upward trend as follows: in 1995, 4.98 per cent; in 1996, 5.19 per cent; in 1997, 5.42 per cent; and in 1998, 5.98 per cent.

    283. Concerning the relationship between the public social security and private pension plans, it is worth mentioning that the Brazilian social security system guarantees payment of benefits to a maximum amount, adjusted annually according to the variation in the cost of living. In 1999, the sum was Cr$ 1,255.32, which was received by approximately 88 per cent of the beneficiaries.

    284. With regard to pensions, there are complementary “open” and “closed” pension funds in Brazil. The former may be used by any individual merely by contracting the product with a financial institution; many of these plans offer other kinds of services, such as life and unemployment insurance. Access to the “closed” pension plans is restricted to a certain group of employees, generally working for the same company.

    285. To give incentives for a complementary pension, the Brazilian Government proposes, in bills sent to the National Congress and currently under analysis therein, to make the regulations of the pensions funds more flexible in order to make them more transparent and competitive and thereby include a larger number of beneficiaries. The Brazilian Government believes that the enhancement of the complementary social security system would allow beneficiaries not only to join the agency that best suited them but also freely to decide whether to stay with a certain scheme or transfer to another as well as to transfer the sum of the resources already accumulated.

    286. The Government has also endeavoured to encourage voluntary complementary pension funds for those economically active in the private sector, through measures that strengthen supervision of and increase competition in the open complementary pension fund market for the general public without being tied to a particular job. There are now an increasing number of people contributing to such plans, especially among the middle class. The basic reasons are the possibility of planning for the longterm future, stability, and the increasingly widespread perception that the public social security system should concentrate on guaranteeing basic pension levels.

    287. In the case of civil servants, as the benefit is equal to the last salary before retirement, there is no complementary pension scheme. However, due to legislative changes that have led to possibly making the contracting schemes more flexible, such funds may be created. A civil servant may be recruited in the future who will be subject to the private sector employment system and therefore would have a ceiling on pension benefits. The National Congress is studying a bill to regulate the institution of pension funds, as such, for public servants.

    288. Social security in Brazil is of a comprehensive character due to the combination of contributory and welfare characteristics, and therefore encompasses all groups.

    289. With regard to vulnerable or unprotected groups and their protection by social security, it should be mentioned that the main body of such persons is formed by informal sector workers. In 1998, data of the National Household Sampling Survey of the Brazilian Institute of Geography and Statistics (PNAD/IBGE) indicated that only 16.1 per cent of the selfemployed contributed to social security. Law No. 9876, of November 1999, attempted to find a suitable solution for this situation and, in order to encourage the selfemployed to contribute, provides, among other things, the right to a maternity grant, reduced contribution when recruited by a company, and the simplification of individual contributing categories. To help protect that vulnerable segment, the Ministry of Social Security and Welfare created the “Social Stability Programme”, which extends the coverage given by the prevailing system. The said programme has been developed on a decentralized basis, through regional committees, in order to increase the amount of information available to workers about the importance of the protection given by the social security system.

    290. Concerning international aid in fully exercising the right contained in article 9 of the International Covenant on Economic, Social and Cultural Rights, the Brazilian Government points out that Brazil maintains social security agreements with 10 countries, as follows, Argentina, Cape Verde, Chile, Spain, Greece, Luxembourg, Italy, Paraguay, Portugal and Uruguay. The common purpose of all those instruments is to guarantee social security rights for the economically active and their legal dependents resident or in transit in the signatory countries. The agreements enable a resident of one country to request a benefit prescribed in the social security legislation of the country of origin without needing to move or appoint a legal representative. In the case of a disability benefit, the medical examination is performed in the country of residence and sent to the beneficiary’s country of origin.

    291. In further detail, the bilateral agreements signed by Brazil provide for:

    (a) Equal treatment in the relevant countries of the Brazilian beneficiary and his or her dependents and of the alien and his or her dependents;

    (b) Totalling of insurance periods and similar for the acquisition, maintenance and recovery of rights and to calculate the benefits: the periods of activity or insurance are considered in the laws of both countries for exercising the rights to benefits;

    (c) Medical care, for pensioners/beneficiaries and their dependents who are staying temporarily or in transit: medical care is ensured through the modalities of the official network of the signatory country and charged to the beneficiary’s country of residence;

    (d) Payment of allowances by one State to beneficiaries residing in the other signatory State: today, Brazil has a mechanism with Spain and Greece by which payments are made to Brazilian beneficiaries resident in both countries through direct credit of their current accounts. In the case of Brazilian beneficiaries resident in Portugal, payment is made through what is called a link organization appointed by the Portuguese Government. The possibility of extending payment by crediting the account is under negotiation with the Bank of Brazil, in the case of Italy, in the first instance, and the other countries with which Brazil has a social security agreement in the second instance;

    (e) Continuing to apply the social security laws of the country of origin of an employee of a company based in one of the signatory countries when the employee moves to the territory of the other signatory for employment.

    292. From studies already undertaken, another 10 countries were identified whose close cultural, economic, social and political ties with Brazil or the migratory flow would justify bilateral social security agreements. They are the United States of America, Japan, Germany, France, the Netherlands, Switzerland, Canada, Korea and Suriname. An agreement with the Netherlands is under negotiation at the moment.

    293. New bilateral agreements ensuring the provision of social security may be negotiated and signed with Brazil’s neighbouring countries, as the result of a project under way to carry out a survey in regions on the borders and accurately assess the service in terms of social security and the positive role that agreements of this type might play.

    294. The Brazilian Government also wishes to mention in its report to the Committee that the Multilateral Social Security Agreement signed by Brazil and other Mercosul countries is in the National Congress for ratification.

    295. International aid is, therefore, something to which the Brazilian Government attributes great importance in the endeavour to improve the standards of promoting and protecting the rights stated in article 9 of the International Covenant of Economic, Social and Cultural Rights.

    Article 10

    296. As regards the international instruments on the rights contained in article 10 of the International Covenant that should be addressed, as recommended by the Committee, the Brazilian Government states as follows:

    (a) Convention on the Rights of the Child. Brazil signed the Convention and ratified it on 24 September 1990. The Convention went into force in Brazil on 23 October 1990. It was promulgated by Decree No. 99710 of 21 November 1990. With respect to the rights of the child and the instruments that protect and promote them in the framework of the United Nations, it should be noted that during the recent Millennium Summit in New York, the Brazilian VicePresident signed the Optional Protocols to the Convention. One of them addresses the involvement of children in armed conflicts while the other addresses the sale and prostitution of children and child pornography. The processing of the two texts for submission to the National Congress is nearing completion;

    (b) Convention on the Elimination of All Forms of Discrimination against Women. Brazil signed the Convention and ratified it on 1 February 1984.[15] It was promulgated through Decree No. 89406 of 20 March 1984. The process of analysis for the signing of the Optional Protocol to the Convention, adopted by the United Nations General Assembly on 6 October 1999, is under way;

    (c) ILO Maternity Protection Convention (Revised), 1952 (No. 103). Brazil ratified the Convention on 18 May 1965. The last International Labour Conference adopted the ILO revised text. It should be noted that Brazilian legislation goes beyond the recommendations of Convention No. 103 and of its revised text;

    (d) ILO Minimum Age Convention, 1973 (No. 138). Brazil approved the Convention through Legislative Decree No. 179/1999. The respective ratification instrument was delivered to ILO during the last International Labour Conference.

    297. In its guidelines for submitting reports, the Committee on Economic, Social, and Cultural Rights requests comments on the meaning of the family for society. In Brazil, there prevails the familywithchildren model (over two thirds), followed by coupleswithoutchildren or singleparent families, in which the bulk of responsibility falls on women. The family plays an important role in the social solidarity system and to a certain extent provides care to vulnerable individuals. The right to constitute a family is fully guaranteed and under the law parents even when separated are responsible for their dependent children.

    298. As regards adulthood, the Civil Code determines that those under 16 years of age are incapable of personally performing acts entailing civil responsibility. From age 16 to 21, the incapacity for certain acts is relative. Under the Civil Code, obligations contracted by those over 16 but under 21 without authorization from their legitimate representatives or the assistance of a guardian, as the case may be, are subject to nullification.

    299. The legal incapacity of minors ceases when they reach 18 or by concession of one of the parents, a judge’s decision, marriage, the effective holding of a public job, completion of junior high school, graduation from a higher education institution, or the setting up of a civil or commercial business with their own resources.

    300. For the purposes of military service, a minor’s civil incapacity ceases on the day he reaches 17 years of age. From the standpoint of civil law, a minor’s coming of age is at 21, when he/she becomes able to perform any legal act.

    301. From the standpoint of the Penal Code, the Child and Adolescent Statute adopted in 1990 introduced new concepts for the promotion and protection of the rights of children and adolescents. The Statute is recognized internationally and by specialized United Nations bodies as an innovative piece of legislation even by comparison with countries of regions with longer traditions in this area. The Statute innovated by substantively changing the concept of minor protection. Up to age 12, minors are not imputable and between 12 and 18 they come under specific laws and courts. Though this legislation is innovative, the Brazilian Government recognizes that its actual enforcement has not yet reached the desired level for promoting and protecting the rights of children and adolescents. The Government reiterates here its determination to proceed with the efforts to translate the Statute into concrete reality.

    302. Legal norms relating to children and adolescents are the following: articles 6, 9, and 154156 of the Civil Code; article 73 of the Military Service Law (Law 4375 of 17 August 1974), and the Child and Adolescent Statute (Law 8069 of 13 July 1990).

    303. As regards official and semiofficial forms of assistance to and protection of the family, the Constitution, for the purposes of State protection, recognizes as a family unit the stable union of a man and a woman. Church weddings are valid for civil ends; there is no charge for the civil marriage ceremony.

    304. The right to marry is guaranteed by both the Constitution and the Civil Code. However, in its Book I devoted to provisions regarding family rights, the Civil Code sets the following limitations on marriage before age 21: to marry, women under 16 and male adolescents under 18 need parental consent (or court authorization, in case parents are missing). Other impediments to marriage are provided by the legislation in the following cases: marriage between ascendant and descendant; between siblings; between adopted child and civil sibling; between married individuals; between guardian or his/her kin and a ward; and of those subject to paternal authority (age limit).

    305. Parents are responsible for the upkeep, custody and education of their children. The norms of reference in this regard are the Federal Constitution (art. 226) and the Civil Code (Book I, art. 183ff and art. 0231).

    306. Maternity protection, preschool assistance and schooling, among other State measures, are aimed at protecting citizenship, as regards both the individual and the family group. Similar benefits are provided in the area of social welfare in the form of maternity allowance and family allowance.

    307. Since December 1999, the maternity allowance is guaranteed to all women registered with the social security system, regardless of their status in the labour market. The Brazilian system of maternity protection is grounded in the following legal and constitutional provisions: the 1988 Federal Constitution (art. 7, xviii; art. 203, I and art. 208, iv); ILO Convention No. 103; Consolidated Labour Legislation (Title III, chap. III, sect. V).

    308. Prior to 1999, the maternity protection benefit was not extended to selfemployed women, businesswomen, and women who registered with the social security system voluntarily, even though they were subject to deduction. The purpose of the recent change was to extend these benefits to all working women, both those regularly employed and independent workers. Even if a woman works informally, she is eligible for the benefit. The legislation extends the maternity allowance and other protection measures to regular government employees who become pregnant.

    309. To have a clearer idea of the scope of maternity protection, two aspects must be considered: protection of working mothers and protection of their child.

    310. With respect to protection of the working mother, the principle of nondiscrimination because of pregnancy is applied (Consolidated Labour LegislationCLT, art. 391, chapter heading and sole paragraph). Accordingly, the following rights are guaranteed: maternity leave (1988 Federal Constitution, art. 7, xviii and CLT, art. 392); maintenance of salary rights and benefits during maternity leave; return to the same position held before maternity leave (CLT, art. 393); termination of work contract should the job be harmful to pregnancy (CLT, art. 394); and remunerated rest in case of miscarriage and return to the same position held before leave (CLT, art. 395).

    311. Another right guaranteed a pregnant working woman is the prohibition of arbitrary or unwarranted dismissal as of confirmation of pregnancy up to five months after childbirth. This is the socalled pregnant employee’s provisional tenure on the job, contained in the Transitional Constitutional Provisions Act (art. 10, II, b). The termination of such an employee’s work contract during this tenure period does not guarantee the right to return to the job, but only the right to the salary and benefits corresponding to this period and attendant effects. In this regard, uncontested precedent has already been established by the Superior Labour CourtTST (TST Opinion No. 244).

    312. As regards child protection, the Consolidated Labour Legislation provides for two special 30minute rest periods during working hours so that a mother may nurse her baby, until the baby is six months old (CLT, art. 396). The CLT recommends that paragovernmental entities (SESI, SESC, LBA) and other public agencies devoted to children’s welfare should, according to their capabilities, maintain nurseries and kindergartens in areas with a higher concentration of workers, to care especially for the children of female workers (CLT, art. 397).

    313. Maternity leave is granted for 120 days, in two instalments: 28 days before and 92 days after confinement. The mother has the option of requesting maternity leave in a single instalment after confinement.

    314. The basic benefit due a working woman during maternity leave is the maternity allowance (1988 Federal Constitution, art. 7, xviii), paid out directly by the social security system. The State has the duty to promote actions and services in the areas of public health and welfare to benefit anyone in need thereof, including working women during pregnancy and maternity leave (1988 Federal Constitution, art. 198, ii and art. 203, i).

    315. Since December 1999, the benefit, corresponding to the female employee’s full monthly salary, is paid out directly by the social security system. Before, the maternity allowance of housemaids and independent workers was paid from social security while the allowance of all other working women was the responsibility of the businesses that employed them, even though their allowance came from social security.

    316. Medical expenses, another benefit granted by the Brazilian State, are covered by the free public health system to the extent of the latter’s capabilities. Table 42 below shows maternity salary payments from 1995 to 1999.

    Table 42
    Maternity salary 19951999

    Year
    Number as at December
    Amount (in Cr$ millions of June 1999), cumulative for the year
    1995
    14 895
    14.77
    1996
    20 214
    22.98
    1997
    27 094
    34.50
    1998
    34 175
    48.97
    1999
    38 176
    63.86

    Source: Social Security Statistics Yearbook and Social Security Statistics Bulletin.

    317. According to the Brazilian legal system, all working women are entitled to maternity protection in the terms explained above. In practice, however, those who do not have an employee’s registration card (informal market) often have this right violated. This happens because there is no record of their registration as employed women who contribute to social security, which facilitates noncompliance with coverage norms. The Government is developing supervisory mechanisms to address this situation. One way of preventing this practice is to regularize the working woman’s situation, bringing her into the formal market (record on her worker’s card). Should this attempt fail, her employer can be sued and subjected to the payment of a fine (administrative fine).

    318. Health coverage is extended to all Brazilian women. Coverage related to work, though, is limited to working women who contribute to social security.

    319. At this point, the Committee’s guidelines request that States address the issue of child labour In this respect, the Brazilian Government wishes to point out that combating child labour as well as irregular adolescent labour is a priority on the Government’s agenda, particularly as regards socalled intolerable forms of labour that affect the health, security and moral development of children and young people.

    320. This topic is on Brazil’s social policy agenda and poses a challenge to Government and society alike. But the Government recognizes that it shoulders the major responsibility for designing policies, legislation, strategies and actions aimed at eliminating child labour, particularly and above all in its intolerable manifestations, as it is not consistent with the ethics of a democratic society determined to ensure fairness and equal opportunities for all its citizens.

    321. Still, child labour is a complex issue. In a country with Brazil’s characteristics, several factors must be taken into account in analysing this problem. Its occurrence is certainly associated with poverty, inequality and social exclusion; with factors of a cultural and economic nature and with the social organization of production; with the often regionally differentiated culture visàvis the valuation of work, whereby children are drafted into the work force as a way to draw them away from idleness or possible delinquency; with factors linked to traditional and familiar forms of economic organization, particularly in the case of smallscale farming.[16]

    322. Admitting the existence of this problem in Brazil and the problem’s complexity, the Government has endeavoured to develop, in close association with society, instruments, institutions and programmes to combat all forms of child labour. Important in this respect are not only the figures showing the premature entry of children into the work force but also the nature of the work, particularly in view of the working conditions, dangers and abuses to which these working children are subjected.

    323. In Brazil’s case, highrisk child labour occurs in the rural areas, in charcoal kilns, quarries, sisal processing, sugar cane agribusiness and salt extraction. In urban areas, it occurs in the informal sector and in some formal activities, such as shoe manufacturing in certain areas. Children also participate in illegal, antisocial, highrisk activities such as prostitution and drug trafficking.

    324. The United Nations Children’s FundUNICEF lists the following characteristics that, singly or together, make tooearly work harmful to the educational, psychological, and social development of children: (i) full time work at an early age; (ii) long workdays; (iii) work leading to situations of physical, social or psychological stress or harmful to the child’s full psychological and social development; (iv) work on the streets under hazardous conditions for the child’s health and physical and moral integrity: (v) work that interferes with school attendance; (vi) work entailing excessive responsibility for the child’s age; (vii) work that compromises or threatens the child’s dignity and selfesteem, particularly work entailing forced labour and sexual exploitation; and (viii) underpaid work.

    325. The question of child labour in Brazil must also be viewed from the perspective of family activity. Not even the most recent data obtained through the 1999 National Household Sample Survey cover family child labour. However, given the importance of this phenomenon, the Brazilian Geographical and Statistical Institute is carrying out research in this area.

    326. In many cases it is difficult to establish the occurrence of child labour, as employers in general do not hire children directly. For example, parents may be hired to do a job related to clothing, say, or to the assembling or manufacturing of parts. As they must fill a production quota, these parents put the whole family to work at home, where control is practically impossible.

    327. The 1988 Constitution sets the minimum working age at 14. Between 12 and 14, children may work only as apprentices. But the Brazilian Government has sent the National Congress a constitutional amendment proposal making work by children under 14 illegal, even if they work as apprentices. The 1999 Child and Adolescent StatuteECA incorporated some of the principles of ILO Convention No. 138, which sets the minimum age for entering the labour market and places some restrictions on work by children under 14.

    328. As to governmental measures to eliminate child labour, it should be noted that in recent years a legal framework has been put in place. In each state, a State Commission against Child Labour has been established under the Ministry of Labour. A National Child and Adolescent Rights CouncilCONANDA has been set up at the Ministry of Justice. Also under the Ministry of Justice, Child and Adolescent Rights Councils and Custodian Councils have been created at the State and municipal levels.

    329. To integrate its initiatives in this area, the Federal Government has established a Forced Child Labour Repression GroupGERTRAF, consisting of seven ministries and coordinated by the Ministry of Labour. The major effort aimed at integrating governmental and societal initiatives is undertaken by the National Forum for the Prevention and Elimination of Child Labour, which has the support of UNICEF and ILO. The Forum has drawn up an Integrated Action PlanPAI, under which scholarships are granted to families that take away their children from child labour and keep them in school.

    330. The realization of the problem and the forms whereby the Government and society are addressing it have been put on record in national and international forums and the documents devoted to the issue of child labour. Despite progress in understanding the problem and in the implementation of initiatives, there is still much to be done, with respect not only to the devising of new strategies but also to the institutional coordination within and outside the various government sectors to expand activities aimed at combating child labour.

    331. A description follows of the characteristics of child labour in Brazil. This analysis, done in the second half of the 1990s, reflects data gathered by the Brazilian Geographical and Statistical Institute.[1] It should be noted that improved surveys and more thorough analyses done since have identified a declining trend. This can be gathered from the 1999 National Household Sample Survey, which showed that the percentage of working children aged 5 to 14 has dropped from 11 per cent in 1995 to 9 per cent. Of the 2,908,341 working children and adolescents, 87.1 per cent (2,532,965) were in the 1014 age bracket while 12.9 per cent were in the 59age bracket. The number of working children and adolescents of both sexes aged 514 has dropped in relation to 1995. This breaks down according to gender as follows: girls, from 14.5 per cent to 11.8 per cent; boys, from 7.8 per cent to 6.0 per cent.

    332. Children aged 59. The 1995 National Household Sample Survey showed that 3.6 per cent (581,300) of children aged 59 were working an average of 16.2 hours weekly. Most of the work (79.2 per cent) was typical agricultural chores, particularly in smallscale family farming. Thus, 63.2 per cent of the children were working on their own. In a consistent pattern, 75 per cent of working children in this age bracket came from families whose head was occupied in farming. It should be noted that 61 per cent of the household heads in households where child labour was recorded are selfemployed and involved in farming activities. Of the working children in this age group, 51.7 per cent lived in northeastern States and did work related to family farming. The demographic and economic characteristics of family heads show that in households where children aged 59 worked, 92 per cent of the family heads were men; 57.8 per cent were mulatto; 37 per cent were white; 35.4 per cent earned up to Cr$ 100 monthly; and 56 per cent could read and write. Moreover, 91 per cent of working children came from twoparent homes. Thus, the data on the 59 age bracket show that child labour is not very significant, as far as the number of hours is concerned. The work is of an agricultural nature, localized mostly in the northeast, predominantly independent, and typical of poor families with a low educational level.

    333. A declining trend in the number of working children aged 59 has been detected from 1995 to 1999, as the total dropped from 519,000 to 375,000.

    334. Children aged 1014. The percentage of working children in the 1014 age bracket has risen substantially. Of a total of about 17.6 million children in this group, 18.7 per cent (3.3 million) were working. Child labour in this group is predominantly male (87.4 per cent). Approximately 57.3 per cent were black or mulatto and 41.7 per cent were white. Some 54.6 per cent of these children lived in the rural areas. A breakdown by region shows that 47.5 per cent of these working children are in the northeast and 23.8 per cent in the southeast. The percentage of working children in this age bracket in the northeast is higher than the region’s share of the total working population (28.7 per cent). Of the 1,480,000 children in this age group living in urban settings, 34.1 per cent lived in the northeast and 33.1 per cent in the south, a similar proportion. It should be noted that of the 1,780,000 living in the rural area, the percentage living in the northeast was high (58.6 per cent), well above that of the south (16 per cent). Thus, the data point to a significant participation of working children in the rural areas in the northeast, and a smaller participation in the country’s southern region. These children’s main occupation was agriculture and animal husbandry (58.3 per cent), followed by commerce (12.4 per cent), and industry and services (11.2 per cent). Indeed, the figures showed that 53.8 per cent worked on farms and various types of smallholdings, while 23.1 per cent worked in shops, workshops, factories and offices. At the time of the survey, the children worked on small rural properties that functioned on the basis of family economy, such as in tobacco growing. Parents working outside the small family concern, such as on sugarcane plantations and on charcoal production, used their children’s work to ensure production quotas. That means that the early entry of these children into the labour force was decided by the family as a way of increasing its production quotas to supplement family income. Although it has an immediate economic rationale as a means of ensuring the family’s survival, this approach has a high social cost in the long run, as it perpetuates poverty and inequality within and between generations. Child labour in the 1014 age group also occurred outside the family context and away from parental protection in workshops, small businesses and domestic service. The informal sector also absorbed child labour, as, for example, in activities carried out on the streets (street vendors, car washers and car watchers, bootblacks, etc.). The 1995 data showed that 56.6 per cent of working children were not paid for their work; of those receiving some sort of pay, 88.8 per cent earned up to one minimum salary; about 58 per cent worked from 15 to 39 hours a week, the average being 26.5 hours. The data identified the following characteristics of the heads of the families of working children: (i) 87.4 per cent of families were headed by a man; (ii) 52.2 per cent were mulatto and 41.7 per cent were white; (iii) 39.8 per cent could not read or write; (iv) 56.1 per cent were selfemployed; and (v) 34.5 per cent earned up to one minimum monthly salary. The same aspects were evidenced for the 1014 age group as for the 59 age group: these working children come from poor families with a low educational level; for the most part their parents work on their own on family farming and, to a large extent, they lived in the northeast. However, besides forming a much larger contingent, the 1014 group works in a much wider range of activities, particularly in typically urban occupations, in which they are often subject to risky and abusive conditions.

    335. The same declining trend was observed in the 1014 age bracket during 19951999: the total number of working children dropped from 3.3 million to 2.5 million.

    336. Another important datum is the percentage of children out of school. The 1999 National Household Sample Survey showed a drop in the number of children aged 714 who do not attend school as compared with 1998. In 1998, 5.3 per cent of children in this age bracket did not attend school; in 1999, this figure dropped to 4.3 per cent.

    337. The Brazilian Government wishes to point out to the Committee on Economic, Social and Cultural Rights the main features of each instrument available in Brazil for combating child labour.

    338. From a historical point of view, the Brazilian child labour legislation goes back to 1891, when Decree No. 1313 determined that female minors aged 1215 and male minors aged 1214 would have a workday of a maximum of 7 hours, while male minors aged 1415 would have a workday of a maximum of 9 hours. Up to the adoption of the Consolidated Labour LegislationCLT in 1943, several instruments regulated the minimum working age, such as the 1927 First Latin American Minors Code, which prohibited child labour under age 12 and night work for minors under 18. The CLT addressed this issue in a comprehensive manner, set the minimum work age at 12, and defined the conditions in which work was allowed.

    339. The Federal Constitution, in various provisions, provides for the protection of child and adolescent rights. Worth noting is article 227, which states that it is the duty of the family, society and the State to ensure on an absolute priority basis the child’s and the adolescent’s right to life, health, food, education, leisure, vocational training, culture, dignity, respect, liberty, and family and community life, as well as providing protection from negligence, discrimination, exploitation, violence, cruelty and oppression. The State’s commitment to promote child and adolescent rights is clearly expressed in the Constitution’s provision that “...the State shall promote programmes to provide full assistance to the health of children and adolescents and to this end the participation of nongovernmental organizations shall be permitted.” Article 203 asserts that this assistance shall be accorded to anyone who may need it, irrespective of any contribution to social security, and states that emphasis shall be given to assisting destitute children and adolescents.

    340. The same provision sets at 14 the minimum age for being admitted to work, with the proviso set forth in article 7, xviii, which bars minors under 18 from night, hazardous, or unhealthy work and minors under 14 from any kind of work, except as apprentices.

    341. Article 405 of the Consolidated Labour LegislationCLT bars adolescents from working not only in hazardous or insalubrious locations (tables identifying these conditions are prepared by the Ministry of Labour and Employment), but also in locations and on jobs harmful to a minor’s moral development (art. 405, ii). Article 405, paragraph 3, lists the following types of work as being harmful to a minor’s morals: (a) work in revue theatres, nightclubs, casinos, dance halls and similar establishments; (b) work in a circus, as an acrobat, mountebank, gymnast and the like; (c) work in the production, composition, delivery or sale of writings, printed matter, posters, drawings, pictures, paintings, emblems, images, and any other object that might, in the competent authority’s view, be harmful to the minor’s moral development; (d) retail sale of alcoholic beverages. Paragraph 2 refers to work done on the streets, squares and other public

    places, determining that this type of work shall require previous authorization from the Juvenile Court, on which it is incumbent to determine if such work is essential to the minor’s own subsistence or that of his parents, grandparents, or siblings and as such might not result in harm to his moral development.

    342. Article 407 of the CLT further specifies that, should it be determined that the work done by a minor is harmful to his health, physical development, or morals, the competent authority may order the minor to quit the work and the enterprise shall make every effort to shift the minor to another activity.

    343. With respect to the table in article 405, it should be noted that the Ministry of Labour and Employment, through Directive 06/2000, has updated the list of jobs and locations considered insalubrious or hazardous. This updating was important particularly because it included some activities that, although posing a health or safety risk to adolescents, were not on the previous listing, which left many without legal protection.

    344. As defined by article 404 of the CLL, night work, prohibited to adolescents (those under 18), is work done between 10 p.m. and 5 a.m.

    345. The Child and Adolescent Statute (Law 8069/90) also provides special protection to the adolescent apprentice aged 1418. The following types of work are definitely prohibited for them: (a) night work; (b) hazardous, unhealthy, or painful work; (c) work done at locations harmful to their upbringing and to their physical, psychic, moral and social development; and (d) work done at a time and at a location that prevent a minor from attending school.

    346. As regards the child labour issue, the main change of a legislative nature occurred in 1990 with Constitutional Amendment No. 20, which raised from 14 to 16 the age for entering the work force. The same thing happened with respect to apprenticeship, for which adolescents now must be 14 and no longer 12, as before.

    347. In addition to making constitutional changes, Brazil has deposited the instruments of ratification of two ILO conventions: Convention No. 138 (minimum age) and Convention No. 182 (worst forms of child labour). With respect to Convention No. 138, Brazil has set the minimum age for entry into the work force at 16, thereby holding, at the international level, to the same commitment made internally under the Federal Constitution. With respect to Convention No. 182, the Ministry of Labour and Employment has set up a tripartite commission for studying and determining the types of work to be considered the worst types of child labour in Brazil. Accordingly, all the government sectors will be able, in the short run, to give priority to actions aimed at the thorough elimination of the worst forms of child labour, without detriment to the continuity of the actions aimed at eliminating all forms of child labour.

    348. Labour Inspection, under the Ministry of Labour and Employment, is one of the main tools for combating child labour in Brazil. Inspection involves the entire AuditorInspector corps (about 3,200 auditorinspectors, from doctors and work engineers to legal inspectors). Given its size and politicaladministrative organization, the Ministry of Labour and Employment has units in all the Brazilian States. Each unit has a Special Group for Combating Child Labour and Protecting Adolescent WorkersGECTIPA. These groups were set up for the sole purpose of repressing and preventing all forms of illegal child and adolescent labour. The GECTIPAs work according to an operational plan they draw up at the beginning of each fiscal year, which specifies the locations and activities they will inspect that year, without prejudice to their taking up any case that may be reported. The planning usually takes into account the work done the previous year, which is published periodically by the Labour Inspection Secretariat, under the title Child and Adolescent Indicators Map.

    349. In 1999 Labour Inspection covered 455,048 establishments. Of these, 52,204 were visited during specific actions aimed at combating child labour and protecting adolescent workers (figures provided by the Federal Labour Inspection SystemSFIT).

    350. Besides carrying out such inspections, the Ministry of Labour and Employment also cooperates with the Social Welfare SecretariatSEAS of the Ministry of Social Security and WelfareMPAS on the Elimination of Child Labour ProgrammePETI, one of the major government programmes under Avança, Brazil (Forward, Brazil) project. Actions under PETI range from the granting of scholarships to families so they can take their children away from work and keep them in school to expanded school hours and related activities. Labour Inspection not only provides data for selecting locations and activities to be included in the programme but also oversees the programme’s implementation. Since it was launched in 1996, PETI has grown steadily and covers an everlarger number of children and adolescents, as shown by the table below.

    Table 43
    Coverage of the Elimination of Child Labour Programme (PETI), 19962000

    Year
    Number of municipalities
    Number of children and adolescents
    Funds
    1996
    17
    3 710
    931 500.00
    1997
    48
    37 025
    14 435 888.00
    1998
    140
    117 200
    39 521 432.50
    1999
    230
    145 564
    82 639 388.54
    2000

    *362 000
    *182 000 000.00

    * Estimates through end 2000.

    351. It should be noted that by leaving the door open as regards the minimum age for the adolescent apprentice, the Constitution allows ordinary legislation to regulate the matter. However, the understanding among jurists is that 14 is the minimum age for ordinary work and 12 for apprenticeship. Thus, between ages 12 and 14, work is only acceptable in the context of vocational training, all other types of work done in industrial plants being excluded. (Convention No. 5, ratified by Brazil, and article 1 of Decree No. 66280 of 27 February 1970.)

    352. As mentioned earlier, the executive branch has sent to the National Congress Federal Constitution Amendment Bill No. 413/96 deleting the expression “except as an apprentice”. Approval of this amendment will make work legal in Brazil beginning at age 14, which will make possible the ratification of ILO Convention No. 138.

    353. As education is a crucial point in any child adolescent policy, the Federal Constitution, in article 228, specifies the duties incumbent on the State, as follows:

    “I. Compulsory, freeofcharge basic education, including for those who had no access to it at the proper age;

    “II. Provision of special education to handicapped, preferentially in the regular school system;

    “III. Attention to children aged 06 in nurseries and kindergartens;

    “IV. Provision of regular night school to fit the student’s circumstances;

    “V. Attention to students at basic education level through supplementary programmes providing didactic and school materials, transportation, nutrition, and health care.”

    354. In perfect consonance with contemporary international trends in the area of promotion and protection of child and adolescent rights, Brazil adopted, 10 years ago, the Child and Adolescent StatuteECA, mentioned earlier. This statute regulates the achievements embodied in the Federal Constitution with respect to children and adolescents and introduces important innovations in the treatment of this issue as it sums up content, method and management changes. One of the most relevant content changes has to do with the legal and social defence of children and adolescents. In terms of methods for more effective action, ECA leans away from the welfare approach prevailing in programmes oriented towards the child and adolescent public, replacing it by an approach of an educational and social development nature, which leads to emancipation. Moreover, in the area of assistance to children and adolescents living under conditions of personal and social risk, ECA rejects the subjective and discretionary practices of the traditional custodianship law and introduces juridical safeguards. In this manner, the child and the adolescent are vested with the status of a person with rights visàvis the administration of justice system for children and adolescents.

    355. On the institutional side, ECA has created the Custodian Councils (art. 131) to ensure the efficient implementation of statute recommendations. These councils are standing, autonomous bodies, not subject to jurisdictional boundaries, which are entrusted by society with the responsibility for the implementation of the rights of children and adolescents. Whenever these rights are violated by action or omission of the State or society, it is incumbent upon these Custodian Councils to adopt the pertinent protection measures, filing, if necessary, a petition with the judicial authority.

    356. Pursuant to its “policy whereby attention to the rights of children and adolescents is to be implemented through a coordinated set of governmental and nongovernmental actions by the Union, the States, the Federal District, and the municipalities” (art. 86), the ECA, consistent with a decentralized policy, sets up councils at the federal, State and municipal levels for the defence of child and adolescent rights. These Rights Councils, established on an equal footing by

    Government and society, act as deliberative bodies that monitor actions related to children and adolescents at all government levels. The function of these Rights Councils is to define norms and formulate policies; they do not have an executive function, which belongs to the Government.

    357. Thus, the Statute adheres to the principles of political and administrative decentralization and participation by organizations of society. Above all, it expands the functions of the municipality and the community, thereby restricting the responsibility of the Federal Government and the States. On the Federal Government falls the exclusive responsibility for issuing general norms and for the overall coordination of policies. In this connection, it is worth noting the major role played by the National Child and Adolescent Rights CouncilCONANDA, a deliberative collegium in which Government and society are equally represented, charged with monitoring public policies.

    358. Besides being an unprecedented legal milestone as regards the issue under review, the ECA seeks to ensure children and adolescents’ full physical, mental, moral, spiritual, and social development under conditions of freedom and dignity. Throughout the Statute there runs the concept that children and adolescents should enjoy priority in receiving assistance, have precedence as recipients of assistance from public services, be given preference in the formulation and implementation of social policies and, finally, should come first with respect to the destination of appropriations for child and adolescent protection. Such priority reiterates the constitutional provisions mentioned in the previous section.

    359. Consistent with fundamental rights, including the right to family and community living, education, culture, sports and leisure, the Statute provides for vocational training and work protection. In reiteration of constitutional provisions, chapter V prohibits minors under 14 from working, “except as apprentices”. The encouragement of apprenticeship, in the sense of technical and vocational training, is subject to the guarantee of the adolescent’s access to and compulsory attendance of regular school. Moreover, the National Congress is evaluating the regulation of educational work as contained in the ECA in regard to adolescents aged 1418, so that educational activities are conducive to this group’s entry into the labour force.

    360. A clarification is in order with respect to activities connected with apprenticeship, which is allowed beginning at age 14. These activities are permitted only if other requirements established by article 63 of the Child and Adolescent Statute are met, namely: guarantee of access to and compulsory attendance of a regular school; compatibility of these activities with the adolescent’s development; and special hours for the exercise of said activities.

    361. Another important law is the one on Welfare (Law 8742 of 7 September 1993), which regulates articles 203 and 204 of the Constitution, creates the social protection system directed at the most vulnerable segments of the population, to be ensured through benefits, services, programmes and projects. Article 2 of the law establishes that welfare objectives include (i) family, childhood and adolescence protection; and (ii) assistance to destitute children and adolescents.

    362. It should be pointed out that welfare actions are not aimed at the entire child and adolescent population, but to a specific segment thereof that needs them because of poverty, exclusion, or personal and social risk.

    363. To a large extent, the international agreements and conventions as well as other instruments that provide the basis for the promotion and protection of child and adolescent rights in the context of the United Nations human rights provisions have inspired the legal and institutional apparatus that ensures the implementation of the rights of Brazilian children and adolescents today. The basic document, the first to be mentioned, is the 1924 Geneva Declaration of the Rights of the Child, adopted by the United Nations General Assembly in 1959. The conviction that it was essential to ensure special protection of children was first stated in 1924 and recognized later in the Universal Declaration of Human Rights (1948), in the International Covenant on Civil and Political Rights, and in the International Covenant on Economic, Social and Cultural Rights, all signed and ratified by the Brazilian Government.

    364. Three decades elapsed before the international community adopted the United Nations Convention on the Rights of the Child (November 1989), which embodies the doctrine of full child protection and absolute priority of child rights as well as respect for children’s civil, political, economic, social and cultural rights. This instrument, signed by the Brazilian Government when it was opened for signature by the Member States of the United Nations, was ratified through Legislative Decree No. 28 of 14 September 1990. Also in September 1990, Brazil was represented at the World Summit for Children, convened by the United Nations. On that occasion, 71 presidents and heads of State and representatives of 80 countries signed the World Declaration on Child Survival, Protection and Development and adopted a Plan of Action for the 1990s, thereby committing themselves to implement forthwith the Convention on Child Rights.

    365. Brazil’s positive right incorporates, in general, the norms of ILO conventions, even though not all of these have been ratified. Committed to combating child labour, the Brazilian Government has actively participated in international conferences that address this issue from various angles.

    366. In addition to the legal instruments in force in Brazil to guarantee child and adolescent rights, in 1990 the Brazilian Government set up a federal council, followed by numerous State and municipal councils, whose purpose is child and adolescent protection. Moreover, the Government has endeavoured to create legal and administrative structures to ensure the joint action of the various levels of government and segments of society aimed at establishing a National Forum for the Prevention and Elimination of Child Labour.

    367. With respect to actions and programmes aimed at the protection and overall development of children and adolescents in the areas of work, education, health, culture, human rights and social security, the Brazilian Government wishes to stress its enduring concern for coordinating sectoral policies aimed at children and adolescents.

    368. The Brazilian Government gives special attention to international cooperation. At the various multilateral and regional forums, it has espoused international cooperation as an important channel for the implementation of economic, social and cultural rights through the financing of specific projects and programmes of interest to developing countries. The Ministry of Labour, for instance, is the formal coordinator in Brazil of the actions under the International Programme on the Elimination of Child LabourIPEC of the International Labour Organization. Launched in 1992 and extended through 2001 through a memorandum of understanding signed by the Brazilian Government and ILO in October 1996, IPEC is oriented primarily towards three vulnerable groups: children doing forced labour; children working at unhealthy and hazardous occupations; and working children under 12.

    369. IPEC results in Brazil are definitely positive. Brazil is recognized by the Programme’s Director as one of the countries committed to effective actions to combat child labour for, as he notes, the President of the Republic is personally committed to the elimination of the problem. In ILO’s assessment, among the results achieved it is worth pointing to the definitive inclusion of child labour on the national agenda and the significant mobilization of civil society. It is also worth pointing out that the introduction of the innovative concept of the productive chain has led to a greater understanding of the problem and to the involvement of Brazilian businesses in projects aimed at eliminating child labour, particularly in the charcoal, shoes, and orange producing areas.

    370. For the implementation of IPEC, 19 projects were selected throughout the country, with the following goals: formulation of policies (Government); training of workers (unions); rights guarantee and social mobilization (employers); and direct assistance to minors and education of working children (NGO). IPEC activities have involved over 15,000 children, 1,315 labour leaders, and 544 educators.

    Article 11

    371. A careful look at poverty in Brazil provides important elements for an analysis of the population’s living conditions. This topic is statistically complex and requires the ongoing, meticulous gathering and processing of data. The Government has, little by little, sought to meet these requirements so as to be able to arrive at increasingly accurate diagnoses. The National Census under way will certainly supply new elements concerning the population’s living conditions and permit a reevaluation of public policies that have a bearing on them.

    372. Brazil does not have an official poverty line, but poverty lines based on the Indigence Method Line are commonly used. This method consists in first defining the amount needed to purchase a given food basket (the value of the extreme poverty line) and then applying a multiplier to this value to obtain the poverty line.

    373. The food basket is defined as an ensemble of foods needed to ensure an ideal daily amount of calories. It is determined on the basis of the observed consumption of food among the poorest. The multiplier for defining the poverty line may be obtained empirically by observing the consumption of other items by the families on the extreme poverty line; however, a value of 2 is usually attributed, as is done at the Economic and Social Commission for Latin America and the Caribbean (ECLAC).

    Table 44

    Poverty in Brazil by individual characteristics



    Poverty line
    Indigence line


    Incidence of poverty within category
    Distribution of poverty across category
    Incidence of poverty within category
    Distribution of poverty across category

    Frequency
    in the population
    Percentage
    of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income
    gap
    Quadratic average income gap
    Brazil
    100.00
    34
    0.15
    0.09
    100.00
    100.00
    100.00
    15
    0.06
    0.04
    100.00
    100.00
    100.00
    Characteristics of individuals

    Gender

    Male
    49.10
    34
    0.15
    0.10
    49.25
    49.47
    49.73
    15
    0.06
    0.04
    49.39
    49.49
    49.36
    Female
    50.90
    34
    0.15
    0.09
    50.75
    50.54
    50.27
    15
    0.06
    0.04
    50.60
    50.51
    50.64
    Schooling

    0 years of school
    29.20
    52
    0.25
    0.16
    44.55
    48.17
    49.97
    26
    0.11
    0.07
    51.11
    52.27
    51.65
    13 years of school
    18.90
    45
    0.20
    0.12
    24.91
    25.03
    24.76
    20
    0.08
    0.05
    25.31
    24.24
    23.29
    4 years of school
    13.80
    29
    0.12
    0.07
    11.93
    10.85
    10.28
    11
    0.04
    0.03
    9.95
    9.58
    9.69
    58 years of school
    20.60
    24
    0.10
    0.06
    14.86
    12.84
    11.96
    8
    0.03
    0.02
    11.11
    10.91
    11.55
    911 years of school
    12.60
    10
    0.04
    0.02
    3.58
    2.89
    2.72
    3
    0.01
    0.01
    2.32
    2.56
    3.11
    12+ years of school
    5.00
    2
    0.01
    0.01
    0.24
    0.29
    0.40
    1
    0.01
    0.01
    0.28
    0.53
    0.80
    Age

    06
    13.70
    50
    0.25
    0.16
    20.19
    21.88
    22.74
    25
    0.11
    0.07
    23.13
    23.80
    23.81
    714
    17.30
    46
    0.22
    0.14
    23.47
    24.79
    25.31
    22
    0.09
    0.06
    25.97
    25.95
    25.29
    1522
    19.10
    33
    0.14
    0.08
    18.68
    17.72
    17.00
    13
    0.05
    0.03
    16.82
    15.98
    15.53
    2534
    44.00
    27
    0.12
    0.07
    35.00
    33.74
    33.43
    11
    0.05
    0.03
    32.80
    33.13
    34.16
    65+
    5.90
    15
    0.05
    0.02
    2.67
    1.87
    1.52
    3
    0.01
    0.01
    1.27
    1.13
    1.20
    Family structure

    Position in household
    Attached
    0.40
    23
    0.09
    0.05
    0.27
    0.22
    0.20
    7
    0.03
    0.02
    0.19
    0.18
    0.19
    Spouse
    18.90
    29
    0.13
    0.08
    16.14
    15.69
    15.56
    12
    0.05
    0.03
    15.41
    15.43
    15.69
    Other kinship
    9.20
    35
    0.14
    0.08
    9.41
    8.21
    7.30
    12
    0.04
    0.02
    7.16
    6.06
    5.37
    Head
    26.20
    27
    0.12
    0.07
    20.91
    20.37
    20.50
    11
    0.05
    0.03
    19.77
    20.74
    22.23
    Child
    45.20
    40
    0.19
    0.12
    53.18
    55.43
    56.35
    19
    0.08
    0.05
    57.39
    57.51
    56.43

    Source: Constructed on the basis of the 1997 Household Sampling Survey (PNAD).

    Table 45

    Poverty in Brazil by employment and sector



    Poverty line
    Extreme poverty line


    Incidence of poverty within category
    Distribution of poverty across category
    Incidence of poverty within category
    Distribution of poverty across category

    Frequency
    in the population
    Percentage
    of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income
    gap
    Quadratic average income gap
    Brazil
    100.00
    34
    0.15
    0.09
    100.00
    100.00
    100.00
    15
    0.06
    0.04
    100.00
    100.00
    100.00
    Participation in the labour market
    Employed
    44.00
    27
    0.11
    0.07
    35.04
    32.84
    31.03
    11
    0.04
    0.02
    31.97
    28.87
    25.62
    Unemployed
    3.80
    43
    0.23
    0.16
    4.88
    5.64
    6.53
    22
    0.13
    0.10
    5.66
    7.65
    9.79
    Inactive
    32.10
    33
    0.14
    0.09
    30.83
    29.96
    29.73
    13
    0.06
    0.04
    29.02
    29.34
    30.56
    Children (09)
    20.10
    49
    0.24
    0.15
    29.27
    31.58
    32.75
    25
    0.11
    0.07
    33.38
    34.19
    34.06
    Position in employment

    Employed
    44.00
    27
    0.11
    0.07
    35.04
    32.84
    31.03
    11
    0.04
    0.02
    31.97
    28.87
    25.62
    Subsistence
    2.00
    53
    0.27
    0.18
    3.13
    3.55
    3.86
    28
    0.14
    0.09
    3.74
    4.30
    4.69
    Registered
    12.10
    14
    0.04
    0.02
    4.95
    3.26
    2.32
    3
    0.01
    0.00
    2.27
    1.17
    0.64
    Selfemployed
    10.00
    30
    0.13
    0.08
    8.81
    8.71
    8.46
    13
    0.05
    0.03
    8.85
    8.22
    7.25
    Employer
    1.80
    4
    0.01
    0.01
    0.21
    0.15
    0.13
    1
    0.00
    0.00
    0.13
    0.11
    0.09
    Civil servant
    4.90
    13
    0.05
    0.02
    1.84
    1.43
    1.15
    4
    0.01
    0.00
    1.20
    0.80
    0.54
    Unregistered
    9.20
    36
    0.14
    0.07
    9.70
    8.30
    7.19
    12
    0.04
    0.02
    7.54
    5.72
    4.33
    Unpaid
    4.00
    54
    0.29
    0.19
    6.39
    7.41
    7.88
    31
    0.13
    0.08
    8.23
    8.52
    8.05
    Unemployed
    3.80
    43
    0.23
    0.16
    4.88
    5.64
    6.53
    22
    0.13
    0.10
    5.66
    7.65
    9.79
    Inactive
    32.10
    33
    0.14
    0.09
    30.83
    29.96
    29.73
    13
    0.06
    0.04
    29.02
    29.34
    30.56
    Children (09)
    20.10
    49
    0.24
    0.15
    29.27
    31.58
    32.75
    25
    0.11
    0.07
    33.38
    34.19
    34.06
    Table 45 (continued)


    Poverty line
    Extreme poverty line


    Incidence of poverty within category
    Distribution of poverty across category
    Incidence of poverty within category
    Distribution of poverty across category

    Frequency
    in the population
    Percentage
    of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income
    gap
    Quadratic average income gap
    Activity sector

    Employed
    44.00
    27
    0.11
    0.07
    35.04
    32.84
    31.03
    11
    0.04
    0.02
    31.97
    28.87
    25.62
    Civil construction
    2.90
    27
    0.09
    0.05
    2.29
    1.77
    1.48
    7
    0.02
    0.01
    1.38
    1.12
    1.05
    Transformation
    industry
    5.30
    16
    0.05
    0.03
    2.51
    1.84
    1.45
    4
    0.01
    0.01
    1.47
    0.97
    0.68
    Other
    11.80
    52
    0.26
    0.16
    18.00
    19.67
    20.28
    27
    0.11
    0.07
    21.23
    21.13
    19.71
    Distribution services
    7.50
    16
    0.06
    0.03
    3.63
    2.83
    2.32
    5
    0.01
    0.01
    2.35
    1.67
    1.28
    Personal services
    8.20
    25
    0.09
    0.05
    6.04
    4.75
    3.91
    7
    0.02
    0.01
    3.92
    2.86
    2.13
    Productive services
    2.10
    6
    0.02
    0.01
    0.39
    0.28
    0.22
    1
    0.00
    0.00
    0.21
    0.13
    0.08
    Social services
    6.30
    12
    0.04
    0.02
    2.18
    1.66
    1.32
    3
    0.01
    0.00
    1.36
    0.91
    0.64
    Unemployed
    3.80
    43
    0.23
    0.16
    4.88
    5.64
    6.53
    22
    0.13
    0.10
    5.66
    7.65
    9.79
    Inactive
    32.10
    33
    0.14
    0.09
    30.83
    29.96
    29.73
    13
    0.06
    0.04
    29.02
    29.34
    30.56
    Children (09)
    20.10
    49
    0.24
    0.15
    29.27
    31.58
    32.75
    25
    0.11
    0.07
    33.38
    34.19
    34.06
    Occupational group

    Employed
    44.00
    27
    0.11
    0.07
    35.04
    32.84
    31.03
    11
    0.04
    0.02
    31.97
    28.87
    25.62
    Agriculture
    9.90
    56
    0.28
    0.18
    16.23
    17.89
    18.54
    29
    0.12
    0.07
    19.31
    19.42
    18.26
    Street vendor
    1.20
    33
    0.13
    0.07
    1.16
    1.05
    0.93
    12
    0.04
    0.02
    0.94
    0.77
    0.64
    Civil construction
    2.90
    27
    0.10
    0.05
    2.34
    1.81
    1.50
    7
    0.02
    0.01
    1.40
    1.12
    1.02
    Own business
    1.70
    15
    0.06
    0.03
    0.77
    0.61
    0.50
    5
    0.01
    0.01
    0.52
    0.35
    0.25
    Retail and wholesale
    commerce
    2.60
    14
    0.04
    0.02
    1.05
    0.72
    0.55
    3
    0.01
    0.00
    0.52
    0.33
    0.23
    Office
    3.00
    4
    0.01
    0.01
    0.38
    0.23
    0.16
    1
    0.00
    0.00
    0.15
    0.08
    0.06
    Sports
    0.10
    4
    0.01
    0.01
    0.01
    0.01
    0.01
    1
    0.00
    0.00
    0.01
    0.01
    0.00
    Extraction
    0.60
    67
    0.33
    0.21
    1.18
    1.29
    1.32
    36
    0.14
    0.08
    1.47
    1.35
    1.15
    Financial, brokerage
    and insurance
    services
    0.30
    2
    0.01
    0.00
    0.02
    0.01
    0.01
    1
    0.00
    0.00
    0.01
    0.01
    0.01
    Table 45 (continued)


    Poverty line
    Extreme poverty line


    Incidence of poverty within category
    Distribution of poverty across category
    Incidence of poverty within category
    Distribution of poverty across category

    Frequency
    in the population
    Percentage
    of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income
    gap
    Quadratic average income gap
    Occupational group
    (continued)

    Civil servant
    0.20
    30
    0.11
    0.05
    0.18
    0.14
    0.11
    9
    0.02
    0.01
    0.11
    0.07
    0.04
    Food and tobacco
    industry
    0.20
    35
    0.13
    0.07
    0.21
    0.17
    0.15
    12
    0.04
    0.02
    0.16
    0.13
    0.09
    Ceramics, rubber
    products, cement
    and wood industries
    0.90
    28
    0.10
    0.05
    0.75
    0.57
    0.46
    8
    0.02
    0.01
    0.48
    0.33
    0.25
    Electrical appliances
    and electronics
    0.10
    11
    0.03
    0.01
    0.03
    0.02
    0.01
    2
    0.00
    0.00
    0.01
    0.01
    0.00
    Printing and paper
    industry
    0.10
    11
    0.04
    0.02
    0.03
    0.03
    0.02
    3
    0.01
    0.01
    0.02
    0.02
    0.02
    Metallurgy
    0.90
    14
    0.04
    0.02
    0.36
    0.24
    0.18
    3
    0.01
    0.00
    0.20
    0.11
    0.07
    Textiles
    0.10
    25
    0.10
    0.06
    0.07
    0.07
    0.06
    9
    0.04
    0.02
    0.06
    0.06
    0.05
    Other
    1.40
    17
    0.06
    0.03
    0.70
    0.57
    0.47
    5
    0.02
    0.01
    0.49
    0.36
    0.27
    General productive
    jobs
    0.80
    12
    0.04
    0.02
    0.29
    0.20
    0.15
    2
    0.01
    0.00
    0.13
    0.09
    0.06
    Other proprietors
    1.40
    4
    0.01
    0.01
    0.15
    0.11
    0.09
    1
    0.00
    0.00
    0.10
    0.08
    0.07
    Religion
    0.00
    21
    0.08
    0.05
    0.00
    0.00
    0.00
    9
    0.03
    0.02
    0.00
    0.00
    0.00
    Ministers, directors
    and advisers
    0.30
    4
    0.01
    0.01
    0.03
    0.02
    0.02
    1
    0.00
    0.00
    0.03
    0.01
    0.00
    Shoes and accessories
    0.20
    21
    0.08
    0.04
    0.13
    0.10
    0.08
    6
    0.02
    0.01
    0.08
    0.06
    0.05
    Auxiliary services
    1.90
    27
    0.09
    0.04
    1.54
    1.15
    0.89
    7
    0.02
    0.01
    0.89
    0.55
    0.36
    Barbershop and
    beauty parlour
    services
    0.40
    14
    0.05
    0.03
    0.17
    0.13
    0.11
    4
    0.01
    0.01
    0.11
    0.08
    0.07
    Table 45 (continued)


    Poverty line
    Extreme poverty line


    Incidence of poverty within category
    Distribution of poverty across category
    Incidence of poverty within category
    Distribution of poverty across category

    Frequency
    in the population
    Percentage
    of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income gap
    Quadratic average income
    gap
    Percentage of poor
    Average income
    gap
    Quadratic average income gap
    Occupational group (continued)

    Manual labour
    0.70
    42
    0.16
    0.09
    0.86
    0.73
    0.64
    14
    0.05
    0.02
    0.68
    0.52
    0.40
    Communications
    services
    0.20
    10
    0.03
    0.02
    0.06
    0.04
    0.03
    3
    0.01
    0.00
    0.03
    0.02
    0.01
    Undeclared
    0.00
    17
    0.04
    0.01
    0.00
    0.00
    0.00
    0
    0.00
    0.00
    0.00
    0.00
    0.00
    Domestic services
    3.20
    36
    0.13
    0.07
    3.36
    2.72
    2.28
    11
    0.03
    0.02
    2.31
    1.72
    1.27
    Public safety services
    0.50
    4
    0.01
    0.00
    0.06
    0.03
    0.02
    1
    0.00
    0.00
    0.02
    0.01
    0.00
    Hotel, bar and
    restaurant services,
    restaurants
    1.20
    21
    0.07
    0.04
    0.75
    0.56
    0.44
    6
    0.02
    0.01
    0.46
    0.31
    0.23
    Judiciary, education
    and health services
    2.10
    8
    0.03
    0.01
    0.48
    0.36
    0.28
    2
    0.01
    0.00
    0.28
    0.18
    0.13
    Proprietor
    0.20
    3
    0.01
    0.00
    0.02
    0.01
    0.01
    1
    0.00
    0.00
    0.01
    0.00
    0.00
    Entertainment and
    crafts services
    0.30
    14
    0.05
    0.03
    0.12
    0.09
    0.08
    4
    0.01
    0.01
    0.09
    0.07
    0.05
    Repair services
    1.00
    16
    0.05
    0.03
    0.46
    0.35
    0.28
    4
    0.01
    0.01
    0.28
    0.20
    0.14
    Transportation
    services
    1.70
    12
    0.03
    0.01
    0.61
    0.38
    0.26
    2
    0.00
    0.00
    0.24
    0.13
    0.07
    Office and lab
    technicians and
    professionals
    1.00
    1
    0.00
    0.00
    0.04
    0.02
    0.02
    0
    0.00
    0.00
    0.02
    0.01
    0.00
    Clothing
    0.90
    17
    0.06
    0.03
    0.46
    0.37
    0.33
    5
    0.02
    0.01
    0.32
    0.27
    0.22
    Unemployed
    3.80
    43
    0.23
    0.16
    4.88
    5.64
    6.53
    22
    0.13
    0.10
    5.66
    7.65
    9.79
    Inactive
    32.10
    33
    0.14
    0.09
    30.83
    29.96
    29.73
    13
    0.06
    0.04
    29.02
    29.34
    30.56
    Children (09)
    20.10
    49
    0.24
    0.15
    29.27
    31.58
    32.75
    25
    0.11
    0.07
    33.38
    34.19
    34.06

    Source: Based on the 1997 Household Sampling Survey (PNAD).

    Table 46

    Poverty structure in Brazil by geographic location



    Poverty line
    Indigence line


    Incidence of poverty within category
    Distribution of poverty across category
    Incidence of poverty within category
    Distribution of poverty across category

    Frequency
    in the population
    Percentage
    of poor
    Average income gap
    Quadratic average income
    Percentage of poor
    Average income gap
    Quadratic average income
    Percentage of poor
    Average income gap
    Quadratic average income
    Percentage of poor
    Average income
    gap
    Quadratic average income
    Brazil
    100.00
    34
    0.15
    0.09
    100.00
    100.00
    100.00
    15
    0.06
    0.04
    100.00
    100.00
    100.00
    Geographical location

    Urban
    79.60
    28
    0.12
    0.07
    64.81
    60.03
    57.94
    10
    0.04
    0.03
    55.93
    55.28
    57.31
    Rural
    20.40
    58
    0.30
    0.20
    35.22
    40.01
    42.11
    32
    0.14
    0.08
    44.12
    44.77
    42.73
    Major regions

    Centre-west
    7.00
    24
    0.09
    0.06
    4.93
    4.29
    4.08
    8
    0.03
    0.02
    3.61
    3.86
    4.34
    Northeast
    28.90
    60
    0.30
    0.19
    51.16
    57.14
    59.34
    32
    0.14
    0.08
    62.51
    61.79
    58.64
    North
    4.90
    46
    0.21
    0.12
    6.59
    6.56
    6.31
    20
    0.08
    0.04
    6.45
    5.87
    5.45
    Southeast
    43.80
    20
    0.08
    0.04
    25.53
    21.73
    20.78
    6
    0.03
    0.02
    18.78
    19.97
    22.79
    South
    15.40
    26
    0.10
    0.06
    11.74
    10.20
    9.42
    8
    0.03
    0.02
    8.57
    8.43
    8.72

    Source: Based on the 1997 Household Sampling Survey (PNAD).

    374. In 1997, about 15 per cent of Brazilians lived in households with income below the extreme poverty line, i.e., with an income insufficient to purchase an ideal food basket; 34 per cent lived in households with income below the poverty line. Thus, at that time, about 24 million people could be classified as indigent and 54 million as poor.

    375. A closer analysis shows a significant drop in the number of people living below the extreme poverty line from 1990 to 1996, as follows: in 1990, 33,002,648; in 1993, 29,737,091; in 1995, 23,515,136; and in 1996, 21,352,479. This decline was more pronounced in urban areas than in rural areas. Thus, in 1996, 45.8 per cent of the extremely poor lived in rural areas while 20.48 per cent lived in metropolitan areas. From 1990 to 1996 there was also a gradual reduction in the population living below the poverty line: in 1990, 67,533,576; in 1996, 55,032,912.

    376. Available data on poverty show that some groups are more vulnerable. About 66 per cent of the rural population are poor, whereas in the urban centres this figure drops to 28 per cent, according to 1997 figures. Children under 15 are the hardest hit age group, as 49 per cent of this category are poor. Among nonwhites,[1] the proportion of poor is greater (50 per cent of them live below the poverty line) than among Whites (24 per cent). The northeast has the largest number of poor, as 65 per cent of the population live below the poverty line. The available data do not point to a substantial difference from a gender standpoint.

    377. The last two decades have seen a small decline in poverty, which dropped from about 40 per cent in 1993 to 34 per cent in 1997. The main declining trend occurred between 1993 and 1995; thereafter, poverty has remained stable at about 34 per cent. However, this declining trend was not continuous, as the degree of poverty fluctuated according to macroeconomic conditions. In the early 1980s, macroeconomic fluctuations had a strong impact on poverty, which reached its highest levels during the 19831984 recession when the number of poor people exceeded 50 per cent. The lowest levels occurred after the stabilization plans adopted against inflation (the Cruzado and Real Plans), when poverty dropped to below 35 per cent. The lowest level was reached after the Real Plan, when there were less than 42 million poor. Between 1993 and 1997, over 10 million Brazilians ceased to be poor.

    378. Population growth is another major factor in the increase in the number of poor. Owing to population growth and a stable degree of poverty, the number of poor rose by 1.5 million between 1995 and 1997. The average per capita family income of the 40 per cent poorest in Brazil is Cr$ 45.74 (September 1998 estimates). This figure includes earnings from work and any other type of income. Chart 11 shows the profile of poverty in Brazil during a significant period. The top line represents the poverty line while the bottom one is the indigence line.

    G014615611.wmf

    379. Brazil does not keep an official physical quality of life index. Various quality of life indicators are used, such as the Quality of Life index, applied in internal comparisons; this is currently 0.72 for the country as a whole. Methodological differences make comparison with indexes used in other countries difficult. However, the Brazilian Government points out that the Human Development IndexHDI is widely known and makes international comparisons possible. According to this index, as applied in the Human Development Report 2000, Brazil ranks 74th. The HDI is now applied to each Brazilian municipality and to specific population groups. It is worth pointing out that a great many Brazilian municipalities are at levels similar to those of countries in the Low Human Development category. When applied to specific groups, this index shows that the Brazilian black population is characterized by a low level of income and education.

    380. With respect to food and the right thereto embodied in the International Covenant on Economic, Social, and Cultural Rights, the Brazilian Government points out that a positive development can be seen over the last 10 years in terms of improvement of the food and nutrition situation in general. As of 1993, with the launching of the Citizen’s Action against Hunger and Poverty and for Life and with the establishment of the National Food Security Council CONSEA, civil society and Government have ascribed priority to combating hunger, and this is reflected in the nation’s political agenda.

    381. The national process of preparation for the 1996 World Food Summit spurred a more cogent discussion by Brazilian civil society and Government about the impact of public policies on the implementation of the human right to food and led to the drafting of the National Report to the Summit. In following up the Summit, when the Work Group on Food and Nutritional Security, acting in close cooperation with federal agencies, including the Solidarity Community’s Executive Secretariat and the Ministry of Health, was strengthened, progress towards the incorporation of human rights concerns into public policies was consolidated.

    382. One result of this effort is the Ministry of Health’s Food and Nutrition National Policy, approved by the National Health Council in 1999. A detailed report on this process can be found in the case study presented by the Brazilian Government in Geneva in 1999 at a symposium held by the Nutrition Subcommittee of the United Nations Administrative Committee on Coordination and sponsored by the United Nations High Commissioner for Human Rights.

    383. Since November 1998, the Brazilian Sustainable Food and Nutritional Security Forum, in close contact with civil society and at least 10 state governments, has coordinated the establishment of state forums and Food and Nutritional Security Councils, with the participation of both government and civil society. The Councils’ main purpose is to ensure that one of the pivotal strategies of economic and social public policies at the state level is combating hunger and social exclusion through the promotion of the human right to food for all.

    384. The Brazilian Government is concerned about malnutrition. As mentioned earlier, since 1990 the number of people living below the indigence and the poverty levels has declined.

    385. Other studies carried out in several Brazilian cities, based on the consumption profile, show that these two segments are at risk of food insecurity in terms of both energy and of insufficient intake of a series of macro and micronutrients, including iron, vitamins B12 and A and calcium, all of which affect both child and adult morbidity and mortality.

    386. According to 1999 Ministry of Health figures, infant mortality in Brazil is estimated at 37 per 1,000 live births, malnutrition being the main or contributing cause of 55 per cent of these deaths (57,000 deaths of children aged less than one year). This figure does not take into account all births in the year as, because of difficulties of various kinds, about 1 million births go unrecorded. If this distortion is corrected, the extent of undernourishment may prove even larger.

    387. Over the last 10 years, the Food and Nutritional Vigilance SystemSISVAN, coordinated by the Ministry of Health, has been under implementation throughout the country. Its purpose is to compare the growth and development curve of children under 59 months covered by the Public Health Network. The system may have epidemiological use in the identification of areas with greater incidence of malnutrition as well as in the treatment of children identified as malnourished by the public health service. SISVAN has not been implemented nationwide yet but is already generating important data in some states. Even allowing for possible distortions owing to the repeated evaluation of the same child, figures for the state of Minas Gerais indicate that malnutrition occurs in from 13 to 48 per cent of children (according to the weight/age criterion) in different regions, and it is estimated that 20 per cent of children (100,000) were malnourished in 1999.

    388. Recent studies show that there is a great concentration of poor food conditions among Indian populations and homeless rural workers (both those in camps and those already resettled) and in the outskirts of large and mediumsized cities. Figures from the 1996 National Population and Health Survey indicate that 10.5 per cent of Brazilian children show a height deficit and that this condition varied widely from region to region, from 5.1 per cent in the south to 17.9 per cent

    in the northeast. The weight/age deficit also affects 5.7 per cent of children under 5, with the highest rates occurring in the north (7.7 per cent) and the northeast (8.3 per cent). Despite advances in the last decade, a considerable contingent of the population still showed to be undersized as measured by the weight/age ratio during the critical period between 6 and 23 months of age.

    389. Another priority aspect of the food and nutrition issue is related to micronutrient deficiency, particularly vitamin A, iron and iodine deficiency, as recent studies reveal a worrisome picture. According to a Hope Project publication, vitamin A deficiency is an endemic problem in large areas of the north, northeast, and southeast. Despite the difficulties that still exist in obtaining the accurate information needed for reliable diagnosis and evaluation, it is possible to affirm that the northeastern child population is the most vulnerable to this condition. In the northeast, between 16 and 55 per cent of children have been found to show serious vitamin A deficiency.

    390. There are also indications of the occurrence of vitamin A deficiency in poverty pockets in the States of Minas Gerais and São Paulo and in the north. In these areas, more than 15 per cent of the blood samples tested showed that vitamin A was below 20 mcg/dl, indicating endemic deficiency. As regards iron deficiency, it should be noted that anaemia is the biggest nutrition problem in Brazil, affecting particularly women in their fertile period and children under 2. It is estimated that 3 in 10 pregnant women who undergo prenatal examination are anaemic. In children the incidence is much higher: 50 per cent or more children are anaemic.

    391. An illustrative case is the State of São Paulo where, despite remarkable progress made in the last 22 years in reducing infant and preschool mortality and in controlling child malnutrition, child anaemia rose over 100 per cent 22 per cent in 1974, 35 per cent in 1985, and 46 per cent in 1996. A national survey carried out in 19941995 by the former National Food and Nutrition Institute looked at the prevalence of goitre in schoolchildren aged 614. Two Brazilian states showed a 20 per cent prevalence median, indicating a moderate endemic situation. In other six states (Acre, Amazonas, Pará, Mato Grosso, Paraná and Espirito Santo), the prevalence median in the municipalities studied varied from 5.0 per cent to 19.9 per cent, indicating a slight endemic situation.

    392. Another extremely important element with respect to food and nutrition in Brazil is the persistence of unsatisfactory indicators of exclusive breastfeeding, despite significant progress achieved in the last decades. An Oswaldo Cruz Foundation study that associates breastfeeding with the family economy shows that if all children born in 1995 had been exclusively breastfed up to six months of age, 423.8 litres of milk costing over 200 million dollars might have been saved. If breastfeeding recommendations were followed, there is no doubt that, in addition to incalculable gains in the health, nutrition and wellbeing of children, family expenditures would be significantly lower.

    393. Side by side with this deficiency picture in Brazil, an epidemic of obesity or other types of lipaemia and related cardiovascular diseases has been detected. This is an unprecedented epidemiological situation. According to a 1996 report issued jointly by the InterAmerican Development Bank and the World Health Organization, there has been an increase in obesity and

    chronic diseases associated with food intake, particularly in lower socioeconomic groups, which account for 50 per cent of this increase among adults. Obesity in the Brazilian population is becoming considerably more common than child malnutrition, pointing to an epidemiological transition process which is being accorded due attention by public health authorities. Cardiovascular diseases are the major cause of death and incapacity among adults and the elderly and account for 34 per cent of deaths in Brazil. To a large extent, these diseases are associated with obesity and with improper eating habits and lifestyles. An anthropometric study of Brazilian adults carried out by the National Health and Nutrition SurveyPNSN in 1989 and published in 1990 showed that about 24.6 per cent were overweight and 8.3 per cent were obese. The problem has begun to be detected in children and adolescents also. Moreover, the results of a 1990 Multicentre Study on the Prevalence of Diabetes Mellitus, sponsored by the Ministry of Health, showed that 7.6 per cent of cases occur in the 3069 age group. These results are consistent with those obtained in the State of Pernambuco in 1998. It is estimated that there are 5 million diabetics in Brazil, 50 per cent of whom are unaware of their condition.

    394. Adding to these problems, inadequate eating habits also pose a serious challenge. In the different regions of the country, popular culture holds onto food and eating traditions whose nutrition, therapeutic properties, and requirements and taboos of foods or food combinations can be of dubious value.

    395. It should be added that there is a proliferation of fast food establishments, which may be conducive to less than healthy habits, and an increasing use of precooked or fastcooking food whose nutritional quality may be compromised if modern production techniques are not used. Another factor that influences eating habits is the significant volume of daily meals served to different segments of the population. For example, 36 million meals are served daily in schools, 300,000 in the armed forces and 10 million to workers covered by the Workers Food ProgramPAT.

    396. Through massive advertising, the food industry and trade induce consumers to adopt new habits, often based on false or deceitful claims. A striking example of this is the premature stopping of breastfeeding over the last 40 years, owing to women’s new behaviour patterns and the advertising of industrialized infant food. With respect to food processing, which is subject to sanitary inspection, it is important to take into account the quantity of food products and industries currently in existence. In Brazil there are about 100,000 licensed products and 20,000 registered food companies. Another consideration is the growing influx of imported foods, which requires greater attention from health inspectors. In the Brazilian view, the role of food health inspection is to protect the health of the population from risks stemming from the consumption of irregular food products. The National Sanitary Vigilance Agency is responsible for monitoring compliance with technical norms and legislation applicable to food. It operates by in loco checking of hygienic and sanitary practices adopted by establishments that produce or sell foodstuffs. It is also charged with adopting the pertinent measures in case of irregularities, to ensure that food products offered for consumption are in satisfactory condition. Basically, these norms refer to “sound manufacturing practices” and to food product identification and quality standards, compliance with which is essential for guaranteeing quality.

    397. Nutrition in Brazil shows marked regional differences. The Human Development Report 1997 highlights the reduction of poverty in the country. The extent and pattern of poverty vary internally, as the Human Poverty IndexHPI varies significantly from region to region. In northern urban areas, as demonstrated by past and recent trends, the decline in poverty is less than in the rest of the country. In 1996, the highest rates of negative growth in the urban population were to be found in the north and no longer in the northeast. This shows that the food and nutrition picture is quite complex in Brazil, a country with quite heterogeneous epidemiological and regional characteristics, where problems typical of underdeveloped societies occur simultaneously with problems typical of developed countries.

    398. With respect to possibly significant differences between the situation of men and that of women, as indicated by the Committee, the Brazilian Government points out that differences based on gender do indeed occur but everything seems to indicate that they have little significance and are insufficient to establish a clear pattern. The incidence of adult malnutrition in Brazil is low, occurring basically in areas of extreme poverty. The highest incidence of malnutrition in its acute form (i.e. not chronic malnutrition) is among children; in this case, there is no breakdown of the statistics by gender.

    399. The Brazilian Government has sought to adopt policies for gradually ensuring food sufficiency. It has a National Food and Nutrition Policy, whose major lineaments are: guarantee of food safety and quality; monitoring of the food and nutrition situation; promotion of healthy eating habits and lifestyles; prevention and control of nutritional disorders; promotion of lines of investigation; and development and training of human resources.

    400. To guarantee food safety and quality, health inspection actions are being reinforced and joint actions by consumer protection agencies and civil society organizations concerned with this issue are being encouraged. The purpose is to disseminate relevant information on the quality and safety of food products, thereby facilitating access to the mechanisms charged with guaranteeing these rights.

    401. Moreover, the national food health legislation is being updated, taking into account the advances in biotechnology transgenic and other processes and health inspection criteria and procedures are being harmonized in accordance with legal instruments and international agreements. In Mercosur, for instance, adjustments are to be made as required by the trade in processed or natural foodstuffs.

    402. In monitoring the food and nutritional situation, the Food and Nutritional Vigilance SystemSISVAN plays an important role. This system is to be expanded and improved by more expeditious procedures and countrywide coverage. Its consolidation is to be accomplished especially through the support of the work nuclei that exist in nearly all states and in hundreds of municipalities. One of the priority measures to this end will be the setting up of watch posts to monitor the epidemiological development of problems and their links to risk markers. These posts are to be set up primarily in highrisk areas and next to highrisk populations. Above all, they should be related to hardtomeasure occurrences, such as vitamin A and iodine deficiency.

    403. While monitoring the food and nutritional situation, SISVAN will focus attention on pregnant women and on children’s growth and development. It will serve as a fulcrum for all the work performed in the services network, particularly in the area of basic health care, to whose universal coverage it is committed. The routines of providing care to and monitoring the nutritional situation of each beneficiary should be incorporated into the services network for the purpose of detecting risk situations, prescribing preventive actions, and ensuring reversal to a normal situation.

    404. Another government priority now is the mapping of endemic insufficiencies to identify their geographical distribution and the extent of energetic and proteinacious malnutrition, anaemia, and vitamin A and iodine deficiency. With respect to the monitoring of nontransmissible chronic diseases associated with food intake and lifestyles considered inadequate, the work will be consistent with the systems in operation as regards the gathering, generation, flow, processing and analysis of data.

    405. More specifically, the information systems will focus on aspects associated with breastfeeding and on negative and positive factors, as well as on the periodical evaluation of the nutritional condition of pupils attending public schools. Other basic elements of this guideline will be the monitoring of food production and a critical assessment of the qualitative and quantitative development of supply and consumption.

    406. The promotion of healthy eating habits, starting with breastfeeding, will concur with the encouragement of healthy lifestyles, another major factor in promoting health. In this connection, emphasis is being placed on wide dissemination of knowledge about food and eating as well as on the prevention of nutritional problems, from malnutrition including specific deficiencies to obesity.

    407. A review of methods and strategies, particularly in the health sector, is a basic, initial measure to ensure that encouragement of breastfeeding is indeed a priority. To this end, coordination with the different segments of society will be pursued, particularly with those with greater capacity to have a bearing on the practice of breastfeeding. These would include representative organizations of the various health professional categories, the food and nutrition industry, social communicators and educators, community leaders, consumer protection organizations and civil society organizations in general.

    408. Also important is the adoption of measures aimed at disciplining the advertising of food products for children, particularly in partnership with representative organizations of the advertising world and with communications enterprises. Moreover, institutional programmes will be backed, in accordance with previously defined criteria, as, for example, the “childFriendly hospital” and the human milk banks. Movements sponsored by nongovernmental organizations aimed at encouraging breastfeeding will also be backed.

    409. As regards legislation, there will be reinforcement, dissemination and expansion of those provisions that ensure that mothers will be accorded basic conditions for breastfeeding their children such as work schedule and location compatible with breastfeeding. A crucial source

    of reference for the adoption of all these measures will be the various national and international codes, regulations and norms related to the industrial production, marketing and advertising of foods for child consumption. In addition, initiatives will be implemented to allow the monitoring of marketing practices that are harmful, abusive, or questionable from the standpoint of the criteria and interests of a truly healthy life. In this connection, attention will be focused on issues having to do with overweight and its implications.

    410. The development and training of human resources are factors that will influence the necessary definitions under the health policy expounded in the preceding paragraphs. The objective is to ensure that the health sector will have the required personnel both quantitatively and qualitatively to be provided in a timely manner by the three levels of government.

    411. The Government has set six priority food and nutrition targets for 2000 and indicated their relevance as a field for action by governments and society. These targets are: reduction by at least 10 per cent of the incidence of low birth weight; a 50 per cent reduction in the occurrence of moderate and serious child malnutrition; a onethird reduction in the occurrence of anaemia in pregnant women; the control of disorders caused by iodine deficiency; the control of vitamin A deficiency as a public health problem; and the provision of conditions so that mothers may nourish their children until they are six months old exclusively by breastfeeding them and continue nurse them during a twoyear transitional period.

    412. This is the context in which measures are being adopted in Brazil to disseminate basic knowledge about food. Among these measures, it is worth underlining those related to education, campaigns in public health centres, and the use of radio and television. Eating based on incorrect principles is associated with the population’s low educational level, but it is also affected by cultural factors and the pressure of the marketing campaigns of the big food industries.

    413. At this point of the report, the Committee asks States parties to address the agrarian reform issue, focusing on the following aspects: promulgation of legislation, enforcement of current legislation, and monitoring of enforcement. Before describing in as much detail as possible the agrarian reform process under way in Brazil, the Brazilian Government would like to point out to the Committee that agrarian reform in our country has historical and social aspects showing serious distortions that have become crystallized and which governmental action is seeking to redress. Internal debate on this issue is intense, given the just expectations of broad sectors of society that aspire to better living standards. In this debate, however, it is necessary to keep in perspective the evolution of the Brazilian land tenure structure so as to ensure greater equity and social justice.

    414. The Brazilian rural sector has entered a new era, thanks to the formulation of public policies specifically oriented towards family farming that reinforce the development profile of Brazilian agriculture, which is now more democratic in the provision of job and earning opportunities, as well as more efficient with respect to the use and conservation of natural resources.

    415. Greater coordination of agrarian reform and family farming actions is the core of the new agricultural policy oriented towards production, productivity and investment in technology, but above all centred on man and on his advancement as citizen. The creation of the Agrarian Development Ministry was the Federal Government’s response to the need to improve the public sector’s performance in managing this new agricultural policy, which should contribute substantially to the emergence of a new rural world.

    416. All these initiatives are subject to the general orientation of rural development initiatives the planning and implementation of which should seek the participation and involvement of states, municipalities and civil society. Moreover, these groups should act in a decentralized manner through councils representative of the players involved. In this manner it will be possible to increase the quantity and improve the quality of agrarian reform and family farming policies.

    417. The figures hereunder clearly show the progress toward achieving settlement and familyfarming financing targets. For this reason, and so that future measures may be bolder, it is necessary that the effort to achieve national targets be shared by the states, municipalities and other interested entities, particularly those representing the programmes’ direct beneficiaries.

    418. From 1 January20 December 1999, 85,327 ruralproducer families were settled, bringing to 372,866 the number of families that benefited from agrarian reform during President Fernando Henrique Cardoso’s administration. This is a record, as in the 30 years that followed the promulgation of the Land Statute in 1964, only 218,000 families had been settled. The comparative table below reflects these developments.

    Table 47

    Families settled on the land, 19951999

    Year
    Settled families
    1995
    42 827
    1996
    61 674
    1997
    81 944
    1998
    101 094
    1999
    85 327
    Total
    372 866*

    * This figure represents about 1.864,000 persons settled.

    419. From 1 January to 20 December 1999, the Government launched 2,723 settlement projects, as shown in the table below.

    Table 48

    Settlement projects 19951999

    Year
    1995
    1996
    1997
    1998
    1999
    Total
    Projects launched
    314
    433
    637
    850
    489
    2 723

    420. From the entry into force of the Land Statute in 1964 to the inauguration of President Cardoso on 1 January 1995, no more than 800 settlement projects, antecessors of current ones, had been implemented.

    421. From 1 January 1995 to 20 December 1999, 13,204,789 hectares of land were secured for agrarian reform. Expropriation is the Government’s principal means of securing land for settling rural producers. From 1 January 1995 to 17 December 1999, 8,785,114 hectares were expropriated, of which 1,463,844 hectares were expropriated between 1 January and 17 December 1999.

    422. From land donated by the Federation, 355,432 hectares were obtained between 1 January and 20 December 1999.

    Table 49

    Hectares expropriated 19851999

    Year
    Expropriated hectares
    1985/89
    4 191 147
    1990/93
    2 775 282
    1993/94
    1 086 546
    1995/98
    7 321 270
    1999
    1 463 844
    1995/99
    8 785 114

    423. Land tenure monitoring studies carried out by the National Settlement and Agrarian Reform InstituteINCRA show that the total cost of rural property per family, in current values, was Cr$ 19,412.74 in 1995. Today, the cost has dropped to Cr$ 8,294.83, a 50 per cent reduction. In 1995 the average cost of a hectare was Cr$ 382.67 as compared with Cr$ 264.75 today.

    424. The two comparative tables below show the total value of rural property per family and the total value of rural property per hectare, respectively, in the period 19951999.

    Table 50

    Total value of rural property

    A. Per family

    Year
    Cr$/family
    1995
    19 412.74
    1996
    16 385.04
    1997
    14 614.59
    1998
    10 116.34
    1999
    8 294.83

    B. Per hectare

    Year
    Cr$/ha
    1995
    382.67
    1996
    343.21
    1997
    292.23
    1998
    287.49
    1999
    264.75

    425. The agronomic grade (which measures soil quality and varies from 0 to 1) of land expropriated for agrarian reform has risen from 0.4 per cent in 1998 to 0.5 per cent in 1999.

    426. From 1995 to 1998 funds totalling Cr$ 301,767,447 were spent on basic infrastructure in agrarian reform settlements. By December 1999, funds totalling Cr$ 150.6 billion will have been spent in infrastructure. From January to 20 December 1999, in addition to other undertakings, 3,382 kilometres of roads were built, at a cost of Cr$ 25.5 million; 1,073 kilometres of rural electrification lines were laid, at a cost of Cr$ 1.7 million; 204 wells were dug, at a cost of Cr$ 4.2 million; 19 water supply units were installed, at a cost of Cr$ 216,500; and 79 reservoirs were built.

    427. Other investments in infrastructure for the period 19951999 are given below.

    Activity
    Cost (Cr$)
    736 reservoirs
    14 762 309
    1 283 wells
    28 025 962
    75 633 doubling of lot size
    45 751 600
    458 community centres
    11 988 324
    9,475 km of rural electrification
    70 911 326
    323 schools
    12 626 332
    366 health centres
    7 337 827
    108 warehouses
    4 148 745
    13,824 km of roads
    106 251 022

    428. In 1999, Cr$ 150.6 million were invested in infrastructure.

    429. From 1995 to 1999, Cr$ 1,520,000 were channelled to startup credits and to the Special Agrarian Reform Credit ProgrammeProcera. By 30 December 1999, Line A of Pronaf Planta Brasil, which serves rural producers under the agrarian reform, was to have extended loans totalling Cr$ 460 million.

    Table 51
    Credits extended under agrarian reform (Cr$), 19951999

    Year
    Implemented
    Procera
    Pronaf Line A
    Total
    1995
    47 794 707
    108 973 651
    156 768 358
    1996
    71 337 968
    202 563 910
    273 901 878
    1997
    151 242 100
    204 214 542
    355 456 642
    1998
    231 600 040
    307 617 293
    539 217 333
    1999
    195 000 000
    460 000 000
    665 000 000
    Total
    696 974 815
    823 369 396
    460 000 000
    1 325 344 221

    430. The purpose of the National Agrarian Reform Educational Programme launched in April of last year is to strengthen education in agrarian reform settlements by using specific methods appropriate for the rural setting. This programme is the fruit of a partnership between Government, universities and rural social movements for starting up a broad process of education of young people and adults in agrarian reform settlements. INCRA, the Ministry of Education and the Ministry of Labour are joining other important partners, including Churches, nongovernmental organizations and producers’ associations and cooperatives, to implement the programme.

    431. The system trains monitors for the settlements at universities and other higher education institutions to teach reading and school subjects to young people and adults benefiting from agrarian reform. Since the launching of this programme, 3,137 monitors have been trained and are now working in settlements throughout the country.

    432. Despite the programme’s short life, figures are impressive: today, 62,742 young people and adults are being taught reading and school subjects under 1,421 settlement projects in 616 municipalities in 21 Brazilian states. So far, Cr$ 11,408,536 have been spent on educating those settled through agrarian reform and on opening new horizons for them.

    433. The National Agrarian Reform Literacy Programme also funds technical and professional training of those settled, focusing on rural production and management and on the production of teaching materials in all the priority areas identified on the basis of discussions about the programme.

    434. The Ministry of Agrarian Development and INCRA have concentrated efforts on legal battles against excessive indemnification for expropriated lands for agrarian reform. All cases in which appraisals exceed those done by INCRA are contested on the basis of Medida Provisoria (Executive Provisional Measure) MP 1901, which, since 1997, has introduced provisions in the legislation to prevent such distortions.

    435. The work of INCRA attorneys, whether through actions to prosecute or appeal expropriation cases, has resulted, for example, in reducing a government debt of Cr$ 415.9 million in precatorios (payments owed by the Government for labour suits it has lost) to Cr$ 260.4 million in 1997. The following year, this figure dropped to Cr$ 55.7 million.

    436. A recent excessive indemnification was decided by the Federal Regional Court of São Paulo’s Third Region, which finally accepted the arguments of INCRA attorneys in a rescissory case brought against the former owners of the Fazendas Reunidas property located in the Promissão municipality, which had been expropriated for agrarian reform purposes. The former owners went to court to raise the amount of expropriation from INCRA’s original Cr$ 25,811,260 assessment to Cr$ 385,502,876, close to Cr$ 1 billion in today’s values. In response to INCRA’s claims, the São Paulo Court ordered a new assessment of the property. There are dozens of similar cases. If uncorrected, these distortions may irretrievably compromise the agrarian reform programme.

    437. Another programme that should be mentioned is Nossa Terra, Nossa Escola (Our Land, Our School). MP 1901 also regulated this programme that offers incentives to rural worker families for keeping their children in school. Families are given a 50 per cent discount on the outstanding balance of the debt they owe on their property, provided their children stay in school. This benefit is accorded to families with children aged 714 attending elementary school. The 50 per cent discount applies to each payment made during the entire period one or more child stays in school. When the children complete elementary school, the 50 per cent discount will apply to the outstanding balance of the property debt. If a settled family has no children but has illiterate adults, the same discount will be accorded if these adults attend regular literacy courses.

    438. One extremely important aspect of the Government’s effort to modify the Brazilian agrarian structure is the granting of title to the land. The delivery of 10,000 land titles in 1999 instilled a feeling of security in families settled by INCRA. The granting of land title is part of the New Agrarian Reform Programme designed to restore settlers’ rights as citizens and to ensure easier access to bank loans.

    439. The Brazilian Mail and Telegraph EnterpriseECT is responsible for delivering land titles to settlers. In addition, payment of the yearly fee may be made by settlers at any post office.

    440. ECT was chosen to render this service because of the number of offices it has and because these offices are closer to settlers, not to mention the efficient work it performs. In the four years of the current Administration, this benefit will have been accorded to about 400,000 families settled on nearly 20 million hectares, an area equivalent to three times the State of Rio de Janeiro.

    441. Border areas are regulated by Law No. 9871 of 23 November 1999. This law sets the deadline and the rules for the ratification or annulment of land grants by the states in border areas. One provision allows this ratification which used to be granted only to small

    properties to be extended to mediumsize properties in the centrewest, north and south. The law provides further that even without a definitive ratification, producers may put up their

    property as collateral for loans needed for production until such time as the courts hand down a final decision.

    442. The Casulo (Cocoon) project is an INCRA decentralized settlement model implemented in partnership with municipalities to exploit animal husbandry, which creates jobs and generates income as well as increasing food supply on the regional market. The municipality takes the initiative to join the Casulo project. It identifies the demand and indicates potential beneficiaries and the area to be used, in addition to seeking partnerships to ensure technical assistance and training for the settled families. The municipality is also the guarantor of the loans extended under the Casulo project. The project grants loans to cover food, development, support, construction materials and housing expenses, so as to ensure the consolidation and sustainability of settlements. Currently, there are 32 Casulo projects under way, benefiting 1,304 families, mostly in the north and the northeast.

    443. The project provides startup loans of Cr$ 1,400 and homebuilding loans of Cr$ 2,500 per family. Each family is also eligible for credit of up to Cr$ 9,500 from the Pronaf Planta Brasil programme.

    444. The provision of technical assistance and training to settled families is crucial to ensure the consolidation and sustainability of INCRA settlement projects. The Lumiar project was designed to fill these needs. It provides guidance to settled farming families on the laying in and development of crops and pasturage, warehousing and marketing, animal husbandry and the introduction of new technologies, as well as encouraging settlers to organize themselves. Currently the Lumiar project maintains 1,400 specialists in the field to provide technical assistance to 117 families in the various regions of the country. Investments total Cr$ 2 million each month. Participants in the Lumiar project are: INCRA, organizations of settled farmers, public and private enterprises, cooperatives that provide technical assistance, universities, research institutes, official banks, state governments, municipalities and nongovernmental organizations.

    445. The project also maintains field teams of specialists in various areas (agronomists, veterinarians, economists, sociologists, agricultural experts, forest engineers, psychologists, administrators and so forth). These are hired by settlers’ organizations and paid with funds from the project to provide technical assistance and training. The number of specialists in each team varies according to the number of families to be assisted, the distance between settlements, etc.

    446. The project’s main objective is the development of settled families, the consolidation of settlement projects, and their incorporation into the municipality or region as competitive production units that create jobs and generate income. Under the Lumiar project, families learn about associations, cooperatives and other forms of organization, as they become aware of their rights and duties.

    447. In March 1999, the Government established the National Agrarian Magistrate’s Office, whose main task is to prevent and reduce agrarian conflicts. It works in association with both governmental and nongovernmental agencies, including the judiciary, the Public Attorney’s Office, public security secretariats and the Brazilian Bar AssociationOAB, among others. Since its establishment, the National Agrarian Magistrate’s Office has set up offices in the States of Acre, Rondônia, Roraima, Minas Gerais and Mato Grosso do Sul.

    448. The number of rural property invasions by landless workers has declined noticeably this year. In January, 50 invasions were recorded; in February, 41; in March invasions surged to 101; in April, the number dropped to 66; in May, there were 34; in June, 26; in July, 32; in August, 30; in September, 26; in October, 28; and in November, 30.

    449. The environment is another government concern in the context of agrarian reform. The Ministry of Agrarian Development implements measures aimed at the preservation of the environment and at raising the ecological awareness of agrarian reform beneficiaries, as these are crucial elements for the success of all projects. The Ministry has issued a directive prohibiting expropriation, acquisition and any form of obtaining possession of rural lands covered by primary forests occurring in the ecosystems of the Amazon and the Atlantic forests, the Mato Grosso wetlands, and other environmental preservation areas.

    450. In 1999, INCRA held 40 environmental training courses taken by 1,600 multipliers throughout the country. These are specialists and community leaders who will disseminate knowledge among the settled families.

    451. To expedite the processing of environmental permits, each of INCRA’s 28 regional offices has an environmental manager. In addition, 13 environment administrators were trained and now act as multipliers in the cities of Recife, Fortaleza, Manaus, Vitoria, and the Federal District and the State of Alagoas.

    452. In compliance with the Ministry of Agrarian Development’s environmental agenda, cooperating agents are being trained as assistant environmental inspectors, entrusted with drawing up occurrence reports to be submitted to the inspectors of the Brazilian Institute for the Environment and Renewable Natural ResourcesIBAMA.

    453. The Land Bank is another important instrument created for fostering family farming. This bank provides the major means of acquiring land for agrarian reform. The Land Bank makes possible the creation of new settlements through the incorporation of new areas, including areas that cannot be obtained through expropriation. Today the Land Bank supplements expropriation based on social interest, which is the major means for obtaining land for agrarian reform. In 1999, the Land Bank benefited 10,000 families by granting Cr$ 115 million to the States of Bahia, Ceara, Goias, Maranhao, Minas Gerais, Paraná, Pernambuco, Rio Grande do Sul and Santa Catarina.

    454. The Land Bank was established by complementary legislation to extend financing directly to the beneficiary for purchasing a selected rural property and providing it with the infrastructure needed for its proper operation. The Bank is now recognized as a new and powerful land distribution instrument that contributes to sustainable economic development in the rural area.

    455. This programme is aimed at rural workers, sharecroppers, homesteaders and renters who can prove that they have at least five years of farming experience or are owners of small rural property of insufficient size to produce more than is needed for family consumption.

    456. The Land Bank is coordinated by the Executive Secretariat of a Board of Trustees consisting of eight authorities: the Ministers of Agriculture, Finance, Environment, Budget, Management, and Development, and the Presidents of INCRA and the National Economic and Social Development BankBNDES. The Board is chaired by the Minister of Land Policy and Agrarian Development.

    457. Land Bank operations are decentralized through a system of partnerships. The Bank enters agreements with state governments, which select an agency to coordinate the use of the funds.

    458. Under the programme’s regulations, loans granted out of Land Bank funds are to be repaid in 20 years, with a threeyear grace period. Interest varies from 4 to 6 per cent a year.

    459. The workers themselves choose rural properties to be financed by the Land Bank and are provided the funds for ensuring the basic structure needed by the communities. In addition to property and infrastructure, the loan covers land office fees, registration expenses and topographic services.

    460. Those who have already been assisted by the Land Bank or who have participated in other settlement projects are not eligible. Also ineligible are those who exercise a public function or have an income higher than Cr$ 15,000 or own property with an area equal to or larger than the envisaged family property.

    461. Yearly interest is 4 per cent on loans of up to Cr$ 15,000, 5 per cent on loans from Cr$ 15,000 to Cr$ 30,000 and 6 per cent on loans from Cr$ 30,000 to Cr$ 40,000, which is the ceiling for Land Bank loans. In poorer areas, rural workers will have a 50 per cent discount on interest, in intermediate areas, a 30 per cent discount and in other areas, a 10 per cent discount.

    462. The embryo of the Land Bank was the Land Title Project sponsored by the World Bank that was implemented in the States of Bahia, Ceara, Minas Gerais and Pernambuco, benefiting 15,000 families. According to academic studies, the Land Title Project had the virtue of reducing the average hectare price by 6.2 per cent in Maranhao, 66 per cent in Ceara, 14 per cent in Pernambuco, 43 per cent in Bahia and 49 per cent in Minas Gerais. This, according to analysts, was due to the direct negotiating power and to sight payments.

    463. The National Rural Development Council is an important element in the agrarian reform process. Set up by the President of the Republic on 6 October 1999, it is chaired by the Minister of Agrarian Development and consists of representatives of the federal, state and municipal governments and of civil society. Its task is to decide on the National Rural Development Plan that will set the guidelines, objectives and targets for the National Agrarian Reform Programme and the National Programme for the Strengthening of Family FarmingPRONAF.

    464. This Council will also formulate and coordinate public policies for the rural area and work in coordination with the state Rural Development Councils that are being gradually set up throughout the country. In turn, these state councils will work in coordination with municipal councils. The economic viability of farming on small properties is the top priority to be jointly pursued. Discussions are broadened through the participation of representatives of states and municipalities, rural workers, those settled under the agrarian reform programme, and small rural producers’ cooperatives.

    465. In 1999, the agrarian reform target of settling 85,000 families was achieved. If we add those that were settled during 19951998, we see that the Federal Government has achieved the significant mark of 372,000 settled families. But since 1999, the pursuit of higher targets for obtaining land for agrarian reform has included concern for the quality of settlements. As a result, expenditures connected with establishing settlements have been higher as compared with the cost of procuring land. Beneficiaries may now have their lands demarcated faster, will not have to wait long to obtain housing and production loans, and will be able to expedite the laying down of the productive infrastructure on their land and start deriving farming income sooner.

    466. In 1999, PRONAF was transferred to the Ministry of Agrarian Reform. With this transfer, PRONAF’s Planta Brasil programme was further strengthened and brought closer to farming families who benefited from the National Agrarian Reform Programme, as well as expanding benefits and coordinating public policies oriented towards the rural sector.

    467. PRONAF’s target for the next harvest is to assist 1.2 million participants by granting a total of Cr$ 3.4 billion in rural financing from resources of the Workers Aid FundFAT, appropriations and bank money. There was a 70 per cent increase in the number of loan contracts for the 1998/99 harvest. These figures show the programme’s potential. Launched in 1995, results already show that it is meeting the needs of farming families. As it is the most sought, this line of credit gives PRONAF’s Planta Brasil programme higher visibility. Its annual performance has exceeded programme targets.

    468. Before the securing of Cr$ 3.4 billion to finance the 1999/2000 harvest, funds were increased on a yearly basis to meet the needs of producers.

    469. In 1996, PRONAF’s Planta Brasil programme offered two lines of credit for costs and investment. For this year’s harvest, it offers nine lines of credit: new family farmer, integrated, collective, microcredit, agribusiness, addition, special investment, and investment and cost. The programme operates in 3,792 municipalities. In the first six months of operation, i.e. from July through December, 499,338 loan contracts totalling Cr$ 1.1 billion were signed in the country.

    Table 52
    Credits from the Planta Brasil programme

    A. Funds made available for 1999/2000 (in Cr$ millions)

    New family farmer
    460
    Microcredit/NE
    100
    Agribusiness
    150
    Addition
    100
    Special investment
    400
    Special cost
    500
    Investment
    700
    Cost
    1 050
    Total
    3 460


    B. Financing sources (in Cr$ millions)

    FAT
    2 950
    Appropriations
    360
    Bank money
    150
    Total
    3 460


    C. Production financing (rural credit)
    types of credit and total funds (in Cr$)


    1995
    1996
    1997
    1998
    1999/2000
    Type of credit
    Cost
    Investment
    Cost
    Special cost
    Investment
    Cost
    Agribusiness
    Addition
    Special investment
    Special cost
    Investment
    Cost
    New family farmer
    Integrated collective
    Microcredit/NE
    Agribusiness
    Addition
    Special investment
    Special cost
    Investment
    Cost
    Number of contracts
    32 000
    332 828
    496 550
    709 906
    491 409
    Total Cr$
    93 000 000
    649 795 000
    1 637 440 000
    1 814 922 000
    1 127 230

    470. The characteristics of the Brazilian family farmer, according to a 1999 study, are shown in a brief, schematic manner as follows:

    Group A

    − New family farmer: settled under the agrarian reform but not financed by Procera or who, although thus financed, has not reached the individual limit.

    Group B

    − Family farmers, fishermen, craftsman, extractive workers and practitioners of aquiculture;

    − Owners, homesteaders, renters, sharecroppers, or agrarian reform beneficiaries;

    − Those who live on the property or nearby urban or rural setting;

    − Those settled on an area of up to four official modules;

    − Those who employ exclusively family labour;

    − Those who draw farming and nonfarming income of up to Cr$ 1,500 from the property, excluding pension.

    Group C

    − Family farmers, fishermen, craftsman, extractive workers, practitioners of aquiculture;

    − Owners, homesteaders, renters, sharecroppers, or agrarian reform beneficiaries;

    − Those who live on the property or nearby urban or rural setting;

    − Those settled on an area of up to four official modules;

    − Those who employ exclusively family labour;

    − Those who draw income of Cr$ 1,500Cr$ 8,000, provided that at least 80 per cent thereof comes from farming and nonfarming exploitation of the property. This limit can be raised to Cr$ 16,000 if income comes from the following operations: poultry, dairy cattle, sheep and pig raising, sericulture, and vegetable growing and aquiculture.

    Group D

    − Family farmers, fishermen, craftsman, extractive workers, practitioners of aquiculture;

    − Owners, homesteaders, renters, sharecroppers, or agrarian reform beneficiaries;

    − Those who live on the property or nearby urban or rural setting;

    − Those settled on an area of up to four official modules;

    − Those who employ family labour and up to two permanent employees;

    − Those who draw income of Cr$ 8,000Cr$ 27,500, provided that 80 per cent thereof comes from the property’s farming and nonfarming operations. This limit can be raised as long as Cr$ 16,000 comes from the following operations: poultry, dairy cattle, sheep and pig raising, sericulture, and vegetable growing and aquiculture.

    471. For an assessment of the magnitude of the training and professionalization effort in connection with agrarian reform, it should be born in mind that since 1993 173,000 family farmers have received training under PRONAF. In the last four years, technical assistance and extension public agencies have received funds to provide courses for farmers as well as technical resources to improve assistance to producers.

    Table 53
    Farmers trained under PRONAF, 19961999

    Year
    Trained farmers
    In Cr$ thousands
    1996
    *
    3 000
    1997
    47 916
    34 662
    1998
    54 299
    41 597
    1999
    71 600
    31 761
    Total
    173 815
    111 003

    * In 1996,the launch year, the projects were implemented and 225 specialists were trained.

    472. The training programme is not an isolated effort but part of an ensemble of initiatives aimed at supporting family farming and making it viable. For this reason, part of the funds have been used for technical assistance and help in the securing of credit plans.

    473. It operates as follows: a farmer must submit to the bank a project demonstrating the viability of his undertaking or his harvest costs. For this he approaches an institution recognized by the financial agent usually his state’s technical assistance and rural extension agency, which prepares his project whose costs are to be covered by PRONAF’s Planta Brasil programme.

    474. Government’s support of family farming also includes funds for research projects. These funds, which totalled Cr$ 5.9 million in 1998 and Cr$ 9.2 million in 1999, are being used in 237 research projects oriented towards the development of family farming.

    475. In the State of Mato Grosso, Empaer/MT is investigating the possibility of replacing chemical fertilizers in yellow passionfruit crops. This research project will benefit the Rondonopolis settlement.

    476. Rural producers in three cities in the State of Mato Grosso do Sul (São Gabriel do Oeste, Sidrolandia and Itapora) will have access to a comprehensive study undertaken by Empaer/MT on the use of ditch irrigation on small properties.

    477. In the State of Pernambuco, the state Agricultural Research InstituteIPA is studying the possibility of cultivating different varieties of taro root in Itaparica and Itambe.

    478. To assist settled families in the Mulatos municipality, Tocantins University is studying the raising of three types of fish in the region: tambaqui, pacu, and traira, so as to make fish culture a source of income for settled farmers.

    479. Indians are also receiving attention. Twentyfour Indian villages are benefiting from a project in support of productive activities on Indian lands located in the States of Maranhao, Minas Gerais, Mato Grosso do Sul, Pernambuco, Rio de Janeiro, Rondônia, Roraima, Rio Grande do Sul and Santa Catarina. Under the project, 17,565 people in 11 communities receive demonstration units about farming production, thereby establishing the foundations for state technical assistance and rural extension agencies. They receive the funds and are responsible for the project’s execution. In these demonstration units, Indians are trained for production and in three years arrive at the final stage, when they can manage their own business.

    480. Another important feature relates to segments traditionally excluded from this land distribution process. To include these segments, the programme has reached the Amazon. Amazon dwellers who live from extractive activities are assisted by the Planta Brasil programme, in partnership with the Brazilian Institute for the Environment and Renewable Natural ResourcesIBAMA, to improve their income. To assist this population scattered throughout the Amazon forest, Planta Brasil and IBAMA have come up with a “paraforest agent”, a technical assistant known and respected by the dwellers, who is paid to canvass the region advising producers. Today, 140 “paraforest agents” are active in northern states, providing technical assistance and imparting information on how to have access to rural credit.

    481. The programme finances infrastructure projects that will help family farmers. Projects are selected and overseen by the community acting through its municipal rural development council. Funds come from the National Treasury and do not have to be repaid. Grant agreements are signed by the municipal government with the Federal Savings Bank, the operating agent. Poorer municipalities, included in the Solidary Community Programme, are exempt from the requirement of municipal counterpart funds.

    482. PRONAF’s Planta Brasil programme operates in 1,018 municipalities, recovering secondary roads, ensuring water and electric power supply, and building central sales posts for farming families’ products.

    Table 54
    Municipalities benefiting from the Planta Brasil programme, 19971999

    Year
    Participating municipalities
    In Cr$ thousands
    1997
    385
    36 628
    1998
    915
    136 645
    1999
    1 018
    151 693

    483. In 1999, the Ministry of Agrarian Development launched the Partnership and Market programme aimed at achieving family farming sustainability through integration into the local and the international economy. This is based on a decentralized, participatory model of design and management of policies and actions to incorporate these producers into the modern commercial chains, drawing benefit from the comparative advantages of familybased enterprises and with due respect for local potential and historic relations. All family farmers are eligible for this programme, including those coming from the National Agrarian Reform Programme.

    484. Under the coordination of the Family Farming Secretariat, the Partnership and Market programme is being implemented in the following stages:

    (a) Characterization of local, regional and state agribusiness;

    (b) Mapping of the family farming’s productive base;

    (c) Expansion and improvement of technical assistance services;

    (d) Identification of market opportunities;

    (e) Study of productive chains;

    (f) Mobilization, organization, and technical and managerial training;

    (g) Organization of productive chain coordinating structure.

    485. The programme’s management is participatory and decentralized through partnerships between the Ministry of Agrarian Development and social movements, other federal, state and municipal agencies, nongovernmental organizations and private enterprises.

    486. To encourage business and partnerships between family farmers and enterprises through associations, cooperatives or businesses, a Family Farming Partner Award was established by the Ministry of Agrarian Development. The objective is to encourage increased productivity, better product quality and higher income from family undertakings, so as to make these sustainable.

    487. In a daily exercise in citizenship, the programme approves its initiatives on the basis of community decisions adopted by the municipal rural development councils. PRONAF’s Planta Brasil programme encourages participation, cooperation and equal opportunities so that the community plays a protagonist role in local development.

    488. It falls on the councils to select and oversee the work to be done by PRONAF’s Planta Brasil programme under agreements with municipal governments. The work benefits thousands of families nationwide, as shown by data compiled by the participating municipal governments.

    Table 55
    Families benefiting from the Planta Brasil programme, by region

    Region
    Municipalities
    Families directly benefiting
    North
    127
    167 610
    Northeast
    394
    853 402
    Centre-West
    97
    186 616
    Southeast
    229
    269 495
    South
    171
    204 097
    Total
    1 018
    1 681 220

    489. With respect to the Brazilian housing sector, it should be noted that the main source of official data is the Brazilian Geographical and Statistical InstituteIBGE. A 10yearly national census and yearly National Household Sampling SurveysPNADs supply detailed information on various quantitative and qualitative features of Brazilian households and their members. Also important are the Family Budget SurveysPOF that estimate family expenditures on housing services by income bracket; the Living Standard SurveyPPV, which provides important information on the consumption of housing services, also by income bracket; and the Annual Civil Construction Industry’s SurveyPAIC, which describes in some detail the performance of this sector of the economy.

    490. It should be noted, though, that IBGE surveys were conducted for a purpose different from that of a housing census, which requires other important data on the population’s housing conditions, such as property area, age, conservation and location, among others.

    491. Estimates of the Brazilian housing deficit have been the subject of polemics among various institutions and segments of society. They vary from 5.6 million to 15.4 million housing units and the difference in the estimates can be explained by the methods and parameters used.

    492. Official government data on the housing deficit are included in a 1995 study by the João Pinheiro Foundation, based on data from the 1991 National Census and the National Housing Sampling Survey updated to 1995. Once again the Brazilian Government anticipates that the 10yearly national census now under way may introduce new variables and thus modify various important aspects in the consideration of the housing issue in Brazil.

    493. The 1995 study worked with two concepts of housing deficit: a quantitative and a qualitative deficit. The quantitative housing deficit measures the need for the construction of new housing units and is calculated as the sum of improvised housing units, i.e. units built for purposes other than housing, plus rustic permanent housing units, i.e. built with inadequate materials, plus shared housing units, i.e. housing units shared by two or more families. The qualitative housing deficit refers to those dwellings whose standards qualify them as inadequate housing. The study considers three basic kinds of inadequacy: (i) excessive rent burden; (ii) excessive density; and (iii) absence of or inadequate infrastructure. It should be noted that the qualitative deficit categories cannot be added up because of the risk of double counting, as a given dwelling may present more than one inadequate feature. Moreover, computing the quantitative deficit together with some qualitative deficit categories is not recommended; although there is no risk of double counting, they have different policy implications. The table below shows 1991 data relative to the quantitative housing deficit according to category and condition of housing units.

    Table 56

    Breakdown of the housing deficit by location of household in 1991

    Type of deficit
    Metropolitan area
    Other urban areas
    Rural
    Total
    Improvised housing
    33 358
    58 677
    54 500
    146 535
    Precarious housing
    230 178
    434 337
    1 063 330
    1 727 845
    Families living together
    979 779
    1 621 256
    527 943
    3 128 978
    Total
    1 243 315
    2 114 268
    1 630 788
    4 988 371

    Source: João Pinheiro Foundation, 1995.

    494. It can be observed that while the bulk of the housing deficit in urban areas is due to familyshared housing, the housing deficit in rural areas is due to the precariousness of dwellings. The table below shows that the problem of familyshared housing is more serious in metropolitan areas. The urban housing deficit is strongly associated with the level of family income and affects primarily lower income brackets. Approximately 85 per cent of the Brazilian housing deficit is concentrated in the population segments whose monthly income is less than five minimum salaries.

    Table 57

    Breakdown of the urban housing deficit by income bracket in 1991 (%)

    Deficit category
    Up to two minimum salaries (1)
    Two to five minimum salaries (2)
    Up to five minimum salaries (1+2)
    More than five minimum salaries
    Familyshared housing
    42.9
    21.4
    64.3
    13.1
    Other categories
    12.5
    7.8
    20.3
    2.6
    Total
    55.4
    29.2
    84.6
    15.7

    Source: João Pinheiro Foundation, 1995.

    495. As regards the regional distribution of the housing deficit, it can be observed that it is concentrated in the northeast and southeast, which account for 44.7 per cent and 33.28 per cent of the total housing deficit, respectively.

    Table 58

    Housing deficit by major regions in 1991

    Region
    Housing units
    Family
    shared housing
    Grand total
    %
    Improvised
    Rustic
    Metropolitan areas
    Other urban areas
    Rural
    Total
    North
    23 696
    17 823
    196 281
    67 042
    15 5771
    222 813
    4.47
    Northeast
    32 467
    1 268 434
    929 033
    313 432
    767 400
    1 148 991
    2 229 823
    44.70
    Southeast
    46 502
    271 638
    1 342 131
    752 925
    690 301
    217 045
    1 660 271
    33.28
    South
    23 233
    79 497
    408 286
    109 916
    243 549
    157 823
    511 288
    10.25
    Centre-West
    20 637
    90 536
    252 977
    2572 47
    106 929
    364 176
    7.30
    Brazil
    146 535
    1 727 845
    3 128 978
    1 243 315
    2 114 268
    1 630 788
    4 988 371
    100.00

    Source: João Pinheiro Foundation, 1995.

    496. Finally, it should be noted that the official data on the Brazilian housing deficit are not the 1991 data but the 1991 data updated to 1994, as shown in the table below, which indicate an overall housing deficit of about 5.6 million new housing units, concentrated principally in urban areas.

    Table 59

    Official data on the Brazilian housing deficit in 1995

    Rural areas
    Metropolitan areas
    Other urban areas
    Total urban deficit
    Total housing deficit
    1 645 791
    1 431 558
    2 541 214
    3 972 772
    5 618 563

    Source: João Pinheiro Foundation, 1995.

    497. A breakdown taking into account the indicators of housing production and civil construction in general will preliminarily show that the IBGE indicators demonstrate that the stock of permanent urban housing units has risen by 5.6 million units from 1991 to 1997.

    498. Historically, most residential buildings in Brazil were built without recourse to official financing systems but nearly always with family savings. According to Special Secretariat for Urban Development (SEDU), the Housing Financing SystemSFH built 5.6 million housing units in 30 years. Although significant, this is a small number if compared with the 31.5 million permanent urban housing units built in the country in the same period. In the last decade, the

    Housing Financing SystemSFH financed an average of 134,000 units per year, a significant, but not significant enough, number when compared with the country’s average yearly production of 1 million new housing units in 19911996.

    499. IBGE data show that the number of permanent private homes rose by 15,433,984 in 19801997, an increase due essentially to the larger number of urban homes (15,209,391).

    Table 60

    Permanent private homes by location, 19801997

    Location
    1980*
    1991*
    1996*
    1997**
    Total
    25 210 639
    34 734 715
    39 745 768
    40 644623
    Urban
    17 770 981
    27 157 268
    32 227 158
    32 980 372
    Rural
    7 439 658
    7 577 447
    7 518 610
    7 664 251

    Source: * IBGE 1997 Yearly Statistics.

    ** IBGE 1998 Social Indicators Summary.

    500. The housing indicators are a good measure of the population’s quality of life. The indicator of crowding by housing unit has declined over the last decades, reflecting a reduction in the average family size as well as the increase in the number of singleoccupant housing units. In 1997 the overall average housing unit density was 3.8 people while density per bedroom was 1.9. It should be noted that these indicators are higher in rural areas, reflecting the larger size of families.

    Table 61

    Average number of people per household by major regions, 1991

    Major regions
    Urban
    Rural
    Brazil
    4.06
    4.69
    North
    4.92
    5.26
    Northeast
    4.53
    4.97
    Southeast
    3.88
    4.41
    South
    3.75
    4.18
    Centre-west
    4.13
    4.17

    Source: IBGE 1991 Demographic Census.

    Table 62

    Average number of people by household and by bedroom, 1997

    Location
    Total No. of households
    Total No. of people
    Average No. of people per household
    Average No. of people per bedroom
    Total
    Urban
    Rural
    Total
    Urban
    Rural
    Brazil
    40 644 623
    155 881 331
    3.8
    3.8
    4.1
    1.9
    1.9
    2.1
    North
    1 625 591
    7 345 161
    4.5
    4.5
    2.2
    2.2
    Northeast
    10 762 430
    45 378 328
    4.2
    4.1
    4.4
    2.0
    2.0
    2.3
    Southeast
    18 603 231
    68 182 339
    3.7
    3.6
    4.0
    1.9
    1.9
    2.0
    South
    6 704 609
    23 901 925
    3.6
    3.5
    3.8
    1.8
    1.8
    1.9
    Centre-west
    2 883 800
    10 790 899
    3.7
    3.8
    3.6
    1.9
    1.9
    2.0

    Source: IBGE 1998 Social Indicators Summary (based on the 1997 PNAD).

    501. The period 19801997 saw a rising tendency towards home ownership and a relative decline in rented and borrowed property, as shown in the table below.

    Table 63

    Permanent private homes by type of ownership, 19801997

    Property status
    1980*
    1991*
    1996**
    1997***
    Own
    15 546 151
    24 261 954
    29 260 733
    29 969 039
    Rented
    5 682 173
    5 689 170
    5 407 991
    5 561 748
    Borrowed
    3 572 004
    4 546 025
    4 888 506
    4 929 006
    Other
    373 842
    237 566
    188 293
    184 264
    Undeclared
    36 469
    245
    566
    Total
    25 210 639
    34 734 715
    39 745 523
    40 644 623

    Source: * IBGE 1998 Yearly Statistics.

    ** IBGE 1996 PNAD Indicators Summary 1996.

    *** Preliminary computation by IPEA/DIRUR based on the 1997 PNAD.

    Table 64

    Permanent private homes by type of ownership, 19801997 (%)

    Property status
    1980*
    1991*
    1996**
    1997***
    Own
    61.67
    69.85
    73.62
    73.73
    Rented
    22.54
    16.38
    13.61
    13.68
    Loaned
    14.17
    13.09
    12.30
    12.13
    Other
    1.48
    0.68
    0.47
    0.45
    Undeclared
    0.14
    0.00
    0.00
    Total
    100.00
    100.00
    100.00
    100.00

    Source: * IBGE 1998 Yearly Statistics.

    ** IBGE 1996 PNAD Indicators Summary 1996.

    *** Preliminary computation by IPEA/DIRUR based on the

    1997 PNAD.

    502. Since the 1970s there has been a noticeable improvement in the indicators of sanitation services coverage, particularly as regards water supply services.

    Table 65

    Evolution of the indicators of basic sanitation coverage in Brazil, 19701996 (%)

    Indicators
    1970*
    1980*
    1991*
    1995*
    1996**
    Water (distribution system)





    Urban homes
    60.5
    79.0
    86.3
    90.4
    92.0
    Rural homes
    2.6
    5.0
    9.3
    16.7
    15.7
    Sewer (sewerage and septic tank)





    Urban homes
    47.4
    60.0
    63.6
    70.9
    74.2
    Rural homes
    3.7
    8.6
    7.4
    13.8
    18.2

    Source: * MPO/SEPURB National Sanitation Policy.

    ** IBGE 1996 PNAD Indicators Summary.

    Table 66

    Urban homes by type of water supply, 1997

    Major regions
    Total No. of homes
    Water supply (%)
    With inside plumbing
    Without inside plumbing
    Other
    General system
    Well or spring
    General system
    Well or spring
    Brazil
    32 980 372
    87.4
    4.1
    3.8
    2.2
    2.3
    North
    1 625 591
    57.4
    13.0
    12.2
    12.0
    5.2
    Northeast
    7 014 197
    77.1
    1.9
    8.4
    3.9
    8.6
    Southeast
    16 684 919
    94.0
    3.0
    1.7
    0.9
    0.3
    South
    5 324 608
    92.9
    4.5
    1.6
    0.6
    0.4
    Centre-west
    2 361 814
    80.0
    11.5
    4.1
    3.7
    0.5

    Source: IBGE 1998 Social Indicators Summary (based on the 1997 PNAD).

    Table 67

    Urban homes by type of trash collection, 1997

    Major regions
    Total No. of homes
    Trash collection (%)
    Directly collected
    Indirectly collected
    Burned or buried
    Other
    Brazil
    32 980 372
    82.0
    8.7
    4.8
    4.5
    North
    1 625 591
    50.9
    21.6
    18.0
    9.5
    Northeast
    7 014 197
    62.7
    17.0
    7.5
    12.7
    Southeast
    16 684 918
    88.4
    6.3
    3.1
    2.1
    South
    5 324 608
    93.9
    2.9
    2.4
    0.9
    Centre-west
    2 361 814
    88.1
    5.0
    4.8
    2.1

    Source: IBGE 1998 Social Indicators Summary (based on the 1997 PNAD).

    Table 68

    Urban homes by type of sewage disposal, 1997

    Major regions
    Total No. of homes
    Sewage disposal (%)
    Collection system
    Septic tank
    Rudimentary tank
    Other or none
    Brazil
    32 980 372
    49.4
    24.1
    18.8
    7.6
    North
    1 625 591
    6.6
    43.9
    36.5
    12.9
    Northeast
    7 014 197
    21.1
    28.1
    35.3
    15.3
    Southeast
    16 684 918
    76.8
    12.6
    5.0
    5.5
    South
    5 324 608
    18.3
    55.1
    22.0
    4.4
    Centre-west
    2 361 814
    38.3
    10.4
    48.3
    3.0

    Source: IBGE 1998 Social Indicators Summary (based on the 1997 PNAD).

    Table 69

    Urban homes supplied with water, adequate sewage disposal and trash
    collection (by per capita household income in minimum salaries, 1997)

    Major regions
    Total No. of homes
    % of homes adequately served
    Per capita household income in minimum salaries
    Up to ½
    Over ½ up to 1
    Over 1
    Brazil
    32 980 372
    59.8
    8.2
    16.1
    73.3
    North
    1 625 591
    14.7
    12.4
    17.5
    69.1
    Northeast
    7 014 197
    29.1
    19.5
    23.6
    53.8
    Southeast
    16 684 918
    83.3
    6.9
    15.5
    75.3
    South
    5 324 608
    48.9
    5.8
    13.9
    77.6
    Centre-west
    2 361 814
    39.5
    7.7
    14.5
    75.9

    Source: IBGE 1998 Social Indicators Summary (based on the 1997 PNAD).

    503. For an assessment of substandard housing in Brazil, the main source is the study entitled “Dimensions of Social Needs Municipal Data, 1996” conducted by IBGE and IPEA. This is the statistical survey most utilized by housing sector specialists to determine the number of

    substandard homes. The study is based on the definition of precarious homes as those inhabited by illiterate children aged 1114 and/or headed by women with a monthly income of up to one

    minimum salary and which lack any waste disposal facilities. If we consider those individuals who live in precarious homes as homeless, this would apply to 43 per cent of the population, or 11.1 million homes (one third of existing homes).

    504. Brazil has no specific statistics on the number of truly homeless individuals or families, but there are data on individuals whose home is considered inadequate. An approximate number of people without adequate shelter can be obtained by counting those individuals who live in improvised homes (including homes located in units that do not have space specifically assigned as living quarters). The 1991 census showed that people living in improvised homes numbered 221,505 in rural areas and 306,719 in urban areas, totalling 528,224 people.

    505. The percentage of families who currently live in inadequate homes without basic sanitation is at least 42 per cent, if we consider as inadequate those homes with inadequate water supply, waste disposal and trash collection. In 1997, 26.5 per cent of Brazilian homes had neither sewage plumbing nor septic tank, 8.8 per cent were not connected to the public distribution system and 9.3 were not served by trash collection. Some 20,872,373 people had no access to the water supply system, 60,030,461 were neither served by the sewerage system nor had a septic tank, 45,042,470 had no trash collection and 12,200,460 had no electricity. Out of the total population, 117,475,431 people had no telephone. The condition of these services is more precarious in areas with lowincome populations.

    506. In Brazil, density of occupation in homes may also be considered inadequate. According to estimates, in 1998 the population living in overcrowded homes (i.e. more than three people per sleeping room) numbered 3,282,303 people (7.8 per cent). There are data on structurally unsafe homes (rustic homes) there were 1,727,845 such homes in 1991. In 1997, structurally unsafe homes numbered 578,144.

    507. In Brazil, illegality in the housing sector is characterized by lack of property title and noncompliance with urban standards (master plan, zoning, land use and occupation), municipal laws (works and building code) and administrative requirements (consonance with municipal procedures). There are illegal mediumincome settlements (usually in the form of urban condominiums) and lowincome settlements (slums and clandestine subdivisions). The number of people living in illegal (clandestine and irregular) settlements may be estimated on the basis of the number of existing slums, clandestine subdivisions and urban apartment blocks. No specific data on this are available, but one can use as an indicator the number of people who own their home but do not own title to the land on which it sits: 12,419,229 people, or 8.53 per cent of existing homes.

    508. Alternatively, one might consider as illegal the number of people who live in homes located in substandard areas. According to available IBGE data, the number of people living in substandard areas in 1991 was 6,998,677.

    Table 70

    People living in substandard agglomeration by home location, 1991

    Home location
    House in substandard agglomeration
    Apartment in substandard agglomeration
    Total No. of people living in substandard areas
    Rural
    583 918
    1 620
    585 538
    Urban
    6 339 354
    63 785
    6 403 139
    Total
    6 923 272
    65 405
    6 988 677

    Source: IBGE 1991 Demographic Census.

    509. In general, people who are evicted from their homes and are without legal protection are those who live in illegal settlements consisting especially of slums, clandestine subdivisions, or isolated dwellings. People without legal protection usually are those who are in an illegal situation. For the most part, authorities do not repress the poor when their illegal situation is limited to lack of a property title, allowing them to remain in place while expropriating the property or resorting to concessions for the use of urban land, among other urbanistic instruments. Eviction occurs more often in the case of invasion of urban areas and housing staged by homeless people or by popular prohousing movements. Eviction occurs more often in critical situations to restore property ownership. There are no recorded data with national coverage to answer this question.

    510. Historically, the Housing Financing SystemSFH considers that the percentage of income allocated to rent should not exceed 30 per cent, otherwise the lessee might not be able to meet payments. In 1991, 1,033,069 families allocated more than 30 per cent of their monthly income to rent while for 334,406 families rent consumed more than 50 per cent of family income. It can also be observed that the rent burden problem is concentrated in the poorer layer of the population, as about 65 per cent of this type of deficit affects households with a monthly income of less than five minimum salaries. Estimates indicate that in 1997 about 2.65 per cent of permanent private homes allocated more than 30 per cent of family income to rent payment.

    Table 71

    Excessive allocation of family income to rent by income bracket, 1991

    Allocation of family income
    Up to 2 minimum salaries