Brazil Supreme Court strikes down minimum age for special retirement

The Brazilian Supreme Federal Court (STF) has ruled the minimum age requirement for special retirement unconstitutional. This requirement, introduced by the 2019 Social Security Reform, applied to workers exposed to harmful health agents. The court determined in the judgment of ADI 6309 that the age mandate could contradict the protective purpose of special retirement.

Following this decision, the focus for special retirement returns to the effective exposure of the insured to harmful agents and the minimum time required for each category. Workers must still prove the necessary period of exposure, which remains 15, 20, or 25 years depending on the degree of risk. This ruling does not grant automatic retirement based on profession; the National Institute of Social Security (INSS) still requires proof of working conditions.

In broader social security contexts, the INSS manages various retirement models. Urban retirement requires ages of 65 for men and 60 for women, while rural workers can access benefits five years earlier by proving 15 years of field activity. Teachers in basic education also maintain specific rules for reduced contribution times.