Brazil Supreme Court strikes down minimum age for special retirement

The Brazilian Supreme Federal Court (STF) has ruled that the minimum age requirement for special retirement under the General Social Security Regime (RGPS) is unconstitutional. This decision, made during the judgment of ADI 6309, benefits workers exposed to harmful chemical, physical, or biological agents.

The court determined that forcing employees to remain in hazardous environments solely to meet a specific age threshold contradicts the protective purpose of special retirement, which aims to preserve physical integrity and health. Previously, the Social Security Reform required ages of 55, 58, or 60 depending on the duration of exposure.

To qualify, workers must still prove their exposure through documentation, primarily the Professional Profile Previdenciary (PPP). For employment relationships starting in January 2023, this is handled via the electronic PPP. Additionally, claimants must meet a minimum grace period of 180 monthly contributions.