Brazil Supreme Court removes age minimum for special retirement benefits

The Brazilian Supreme Federal Court (STF) declared the age floor for special retirement unconstitutional in ADI 6309, approving the change by a 6‑5 vote. Workers exposed to hazardous conditions will now qualify based solely on the required years of special activity – 15 years for high‑risk jobs, 20 years for moderate risk, and 25 years for lower‑intensity exposure – without needing to reach a specific age. The Court argued that forcing employees to remain in dangerous environments merely to meet an age quota contradicted the protective purpose of the benefit. The monetary formula for the pension remains unchanged at 60 % of the average contribution salary plus a 2 % increase for each year beyond the minimum.

Separately, the Superior Court of Justice (STJ) will hear on 17 June a case addressing how shifts in judicial interpretation affect already‑finalized social‑security decisions. The hearing will examine the balance between legal certainty and fairness when prior rulings become outdated, a question that could impact millions of Brazilians whose claims were decided under former jurisprudence.