A recent decision by the Federal Supreme Court (STF) could change the lives of thousands of Brazilian workers exposed daily to conditions that are harmful to their health. By a tight majority of 6 votes to 5, the Court ruled unconstitutional the minimum age requirement for granting special retirement, a benefit intended for professionals who work in unhealthy or dangerous environments. Priscila Costa Law Firm Disclosure The understanding was reached during the trial of Direct Unconstitutionality Action (ADI) 6309 and is considered an important advance in the social security protection of policyholders who face continuous exposure to harmful agents throughout their careers. According to pension lawyer Priscila Costa, from the firm Priscila Costa Advocacia, the decision represents the correction of an injustice brought about by the pension reform. The STF's decision represents the correction of one of the injustices introduced by the Social Security Reform, by removing the minimum age requirement for granting special retirement. This opens up the possibility of reviewing benefits granted from 2019 onwards that have been impacted by this requirement, in addition to changing the analysis of the right to retirement for countless insured people who have not yet formulated their requests”, he explains. What changes in practice? With the STF's new understanding, workers who have already completed the minimum period of special activity may be entitled to retirement without having to reach a minimum age. Currently, the legislation provides for periods of 15, 20 or 25 years of special activity, depending on the degree of risk involved in the profession exercised. Priscila Costa Law Firm Disclosure Among the professionals who can benefit are health workers, metalworkers, electricians, security guards, miners, gas station attendants and several other categories exposed to harmful conditions. Pension reform brought restrictions Special retirement underwent significant changes after the Pension Reform, approved in 2019. Among the main changes was precisely the creation of a minimum age requirement to access the benefit, which increased the time needed for many workers to be able to retire. “The STF’s decision corrects a distortion by recognizing that continuous exposure to harmful agents must be considered as a determining factor for granting the benefit”, commented Priscila Costa. Retirement value remains lower Despite the victory for policyholders, the decision does not change the benefit calculation rules. Before the reform, the special pension corresponded to 100% of the average contribution wages considered in the social security calculation. After the 2019 changes, the general rule began to be applied, which considers 60% of the average of all contributions, plus additional percentages depending on the insured's contribution time. For this reason, individualized pension analysis remains fundamental. It is not enough to just verify the right to special retirement; It is necessary to evaluate which strategy will provide the best benefit and what is the most advantageous time for retirement from a financial perspective. The answer is not the same for all policyholders. In certain situations, a hasty application may result in significant economic loss or the foregoing of more advantageous opportunities in the future. Priscila Costa Law Firm Disclosure Individualized analysis continues to be essential to identify the best time to apply for the benefit and which modality can offer the greatest financial advantage. "Each case needs to be studied carefully. Depending on the situation, waiting a little longer or opting for another social security rule may result in a more advantageous benefit", highlights the lawyer. Decision may still have consequences Although the trial has already been concluded, the ruling has not yet been officially published. Furthermore, the decision may be subject to appeals that may clarify specific points about its practical application. Even so, the understanding reached by the STF is already seen as a milestone for workers who dedicated years of their lives to activities considered harmful to their health. The social security scenario remains in constant transformation, requiring attention and planning. Therefore, anyone who works or has worked exposed to unhealthy or hazardous conditions must review their social security planning in light of recent changes and new understandings signed by the Federal Supreme Court. To find out more Follow Priscila Costa Advocacia's Instagram to find out more. Priscila Sobreira Costa, OAB OAB/SP 263.205