The federal judge in the 6th. Federal Court of Porto Alegre upheld public civil action filed by federal prosecutors to determine the Union to proceed to release the balance of accounts PIS / PASEP in the event of disability of the holder regardless of obtaining disability retirement benefits or welfare, or even , the release of the balance of accounts PIS / PASEP the holder when he or any of their dependents is stricken with disease or condition listed in the Interministerial MPAS / MS No. 2998/2001.

The legislation provides that the Fund may be withdrawn upon retirement, death, retirement and transition to the military reserve paid, permanent disability, malignancy (cancer), and carrying the HIV virus (AIDS). However, understanding the magistrate that the PIS / PASEP was created to guarantee the worker the right to a kind of savings which could lay hands on certain moments of his life, when to meet certain formal requirements or go through difficult situations, it is unreasonable pendency of the disease reached terminal stage, only then release the amounts withheld on account linked PIS for health care, when the most reasonable solution is just to use the resources to prevent the disease reaches this stage. It also highlights that the law does not require the granting of disability retirement, for which other conditions need to be implemented, but the simple fact of the existence of permanent disability, a situation that prevents the employee to provide a living through work. (Public Civil Action No. 2008.71.00.024797-5/RS, Source: www.jfrs.jus.br , accessed on 17.07.2010)