Chamber Maintains Retroactive Payments for Fishing Ban Insurance: Understand Fishermen’s Rights in 2026
In a decision of great impact for the national fishing sector, the Chamber of Deputies approved the maintenance of retroactive payments for fishing ban insurance, overturning the changes previously suggested by the Federal Senate. The measure ensures that artisanal fishermen maintain the right to claim amounts related to past periods, consolidating fundamental rules for the subsistence of these workers during the months when commercial fishing is prohibited.
What is Fishing Ban Insurance and its Legal Relevance
Fishing ban insurance, formally known as Artisanal Fisherman’s Unemployment Insurance (SDPA), is a social security benefit of an assistance nature, equivalent to a monthly minimum wage. It is paid during the “fishing ban” period, which comprises the months when fishing for certain species is prohibited to ensure reproduction and environmental sustainability.
For the year 2026, with the minimum wage set at R$ 1,621, the benefit acts as an essential safety net. Legally, the insurance seeks to compensate for the temporary loss of income for workers who live exclusively from artisanal fishing, guaranteeing human dignity and ecological balance, both precepts protected by the Federal Constitution.
The Legislative Dispute: Chamber vs. Senate
The processing of the Provisional Measure (MP) that regulates the benefit was marked by intense debates between the two houses of the National Congress. While the Federal Senate sought to restrict certain points to contain the advance of public spending, the Chamber of Deputies, under the leadership of rapporteur Senator Beto Faro (PT-PA) in the special committee, defended flexibility and broader access.
The Issue of Retroactive Payments
The most controversial point was the maintenance of retroactive payments. The Senate had voted to exclude this possibility, aiming to limit the immediate fiscal impact. However, the deputies decided to reinstate the original text of the committee, ensuring that fishermen who did not make the request in previous years, but who demonstrably had the right, can request it now.
“The maintenance of retroactives is a victory for the legal certainty of the artisanal fisherman, who often faces bureaucratic and geographical barriers to access their rights at the exact time of the prohibition.”
New Registration and Inspection Rules
In addition to the overdue amounts, the Chamber consolidated other operational rules that directly impact the beneficiary’s daily life:
- Biometrics and CadÚnico: Biometric registration and registration in the Cadastro Único (CadÚnico) are required. However, it was defined that the income considered in CadÚnico will not be used to limit access to fishing ban insurance, with the specific nature of fishing activity prevailing.
- Fiscal Documentation: The Chamber overturned the temporal requirement for sending documents. Previously, the government wanted proof of sale of fish for at least six months in the twelve months prior to the fishing ban. Now, only documentation is required, without this rigid time frame.
- Digital Identification: The authentication system may be mediated by qualified public servants or accredited fishing representative entities, facilitating access for workers with technological difficulties.
Budgetary Impact and Spending Limit
To balance public accounts, the approved text establishes a spending ceiling for the year 2026. The total expenditure of the Union with fishing ban insurance cannot exceed the amount of R$ 7.9 billion. It is important to note that this ceiling refers to payments for the current fiscal year, not including the provisions for retroactive payments resumed by the deputies.
The concern of the opposition in the Senate lies precisely in the possibility of fraud. It is argued that allowing representative entities to manage registrations and that retroactive payments are made without precise estimates may destabilize the public budget earmarked for fishing.
Next Steps and Final Considerations
With the approval in the Chamber, the bill for conversion goes to the President of the Republic for sanction. If sanctioned without vetoes, the new rules come into effect immediately, allowing thousands of fishermen to regularize their situation before the Ministry of Fisheries and Aquaculture and the Ministry of Labor and Employment.
For the artisanal fisherman, the moment is to pay attention to the documentation. The requirement of biometrics and the update in CadÚnico become indispensable. It is recommended that workers seek their colonies or specialized legal advice to ensure that the retroactive request, if applicable, is properly instructed with the necessary proofs of professional activity.
In conclusion, the Chamber’s decision prioritizes the social protection of the fisherman to the detriment of an immediate fiscal restriction, recognizing the historical difficulties of access of this public to public assistance and social security policies.