Brazil Supreme Court scrapes minimum age for special retirement

On 3 May, Brazil’s Supreme Court (STF) voted 6‑5 to declare unconstitutional Article 19 of the 2019 pension reform amendment that imposed a minimum age for special retirement for workers exposed to harmful agents. The ruling eliminates the 55‑58‑60‑year age floors, allowing retirement as soon as the required contribution periods (15, 20 or 25 years) are completed. Minister André Mendonça led the majority opinion, supported by ministers Nunes Marques, Dias Toffoli, Edson Fachin, Cármen Lúcia and Rosa Weber; the dissent came from Barroso, Gilmar Mendes, Alexandre de Moraes, Cristiano Zanin and Luiz Fux. The decision reverses a rule introduced during the Bolsonaro administration and is expected to affect many employees in hazardous occupations.

Related guidance notes that workers with certain serious health conditions—such as chronic spinal problems, post‑surgical sequelae, repetitive‑strain injuries (LER/DORT), fibromyalgia, monocular vision loss, hearing loss, cancer or accident‑related injuries—may also qualify for early retirement under the disability‑specific provisions, provided they can document the impact on their work capacity.