A ruling from the 2nd Federal Court of Novo Hamburgo has ensured that a 12-year-old girl, whose mother was a victim of femicide, will receive a special pension. The benefit, which is mandated by law, had been denied by the National Institute of Social Security (INSS) earlier this year. The decision can be appealed. The child was only 9 years old when her mother was murdered in 2022, and her older sister initiated the legal action on her behalf. They also have a brother who was 17 at the time of the tragic event.

The Federal Justice noted that following the femicide, the girl experienced a significant disruption to her family structure and faced severe economic hardship as a result. Under Law No. 14,717/2023, children and dependents under 18 years old who are orphans due to femicide are eligible for a pension, provided the family's per capita income does not exceed a quarter of the minimum salary. The monthly benefit is equivalent to the national minimum wage and is designed to be assistive; thus, it does not hinge on the finality of the criminal conviction.

Initially, the INSS had stated that the circumstances did not warrant the pension, which has now been overturned by the court's decision, highlighting the ongoing legal and social discussions surrounding the rights of families affected by femicide in Brazil. This case underscores the vulnerability of children left behind after such tragedies and the importance of legal protections to support their welfare amidst the aftermath of violence.