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 is unconstitutional. In a 6-5 decision regarding Direct Action of Unconstitutionality (ADI) 6.309, the court struck down the age limits established by the 2019 Social Security Reform.

Previously, the reform required workers exposed to harmful chemical, physical, or biological agents to meet specific age thresholds: 55 years for 15 years of exposure, 58 years for 20 years of exposure, and 60 years for 25 years of exposure. With this ruling, these minimum age requirements are removed for the affected insured individuals.

However, the decision does not grant automatic retirement. Workers must still meet other fundamental criteria, including the minimum required time of special activity and documented proof of exposure to harmful agents. The specific rules applied may also depend on the individual's date of entry into the social security system.