Brazil Supreme Court strikes down minimum age for special retirement

The Brazilian Supreme Federal Court (STF) has ruled on the requirements for special retirement, specifically addressing the minimum age criteria introduced by the 2019 Social Security Reform. In a 6-5 decision regarding ADI 6.309, the court declared the minimum age requirement unconstitutional.

Previously, under Constitutional Amendment No. 103/2019, workers exposed to harmful agents were required to meet specific age thresholds: 55 years for 15 years of exposure, 58 years for 20 years, and 60 years for 25 years of exposure. The ruling removes these age requirements for the specific rules addressed in the judgment.

While the age requirement is removed, the decision does not grant automatic benefits. Applicants must still prove occupational exposure and satisfy all other social security requirements. This ruling is part of a broader effort by superior courts to standardize guidelines for social security and assistance benefits, aiming to increase legal predictability and reduce litigation.