Brazil Supreme Court abolishes age minimum for special retirement

The Supreme Federal Court (STF) ruled that the age minimum and points rule for Brazil's special retirement, introduced by the 2019 pension reform, are unconstitutional. The decision restores the prior requirement that only the minimum time of exposure to hazardous conditions is needed: 15 years for high‑risk work, 20 years for moderate risk, and 25 years for low risk.

The court kept the post‑reform benefit calculation, which averages all contribution salaries since July 1994, starting at 60 % of that average and adding 2 % for each year beyond the minimum contribution period. It also maintained the prohibition on converting special‑time credits into common‑time credits for work performed after 13 November 2019.

Implementation still depends on the INSS finalizing its rules and any pending embargoes of clarification. Workers must prove continuous exposure through documents such as the Perfil Profissiográfico Previdenciário (PPP) and technical reports. The ruling is expected to affect many insured workers who previously could not retire due to the age barrier.