The Federal Supreme Court (STF) decided, by 6 votes to 5, to declare unconstitutional the minimum age requirement for granting thespecial retirementto workers habitually and permanently exposed to agents harmful to health.
The measure, taken on June 3, 2026 in the judgment of ADI 6309, overturns sections of the 2019 Pension Reform that imposed minimum ages of 55, 58 or 60 years, depending on the degree of harmfulness of the activity. As a result, anyone who can prove the minimum exposure time — 15, 20 or 25 years — can request the benefit regardless of age.
The decision represents a victory for categories such as miners, nurses, gas station attendants, construction workers exposed to noise or chemical substances and oil platform professionals. The STF understood that keeping the worker in a harmful environment after completing the exposure time contradicts the protective nature of the special retirement.
What was kept from the Pension Reform
Despite the change in access, the calculation of the benefit value continues to follow the rules of Constitutional Amendment 103/2019. There was no return to the old model of integral calculation.
The average considers all contribution salaries since July 1994. 60% of this average is applied as a base, with an increase of 2 percentage points for each year that exceeds:
- 20 years of contribution (men);
- 15 years of contribution (women);
- 15 years for both in cases of activities that require only 15 years of special exposure.
Common activity time can help increase the percentage, but does not replace the need to prove the special period.
Practical calculation examples
For a man with 25 years of special activity and an average contribution of R$3,000:
- Base: 60% at age 20 + 10 percentage points (5 extra years) = 70%;
- Estimated benefit: R$2,100.
With another 4 years of common activity (total 29 years): percentage rises to 78%, resulting in around R$2,340.
For a woman with 25 years of special and the same average:
- Base: 60% at 15 years + 20 points (10 extra years) = 80%;
- Estimated benefit: R$2,400.
With an additional 5 common years (total 30 years): it can reach 90%, or R$2,700.
The values are simulations. The actual calculation depends on the CNIS, monetary update, INSS ceiling and validation of the periods by the agency.
How to prove your right
Proof of exposure remains essential. The main document is the Social Security Professional Profile (PPP), issued by the employer based on a technical report on environmental working conditions.
The INSS requires proof of habitual and persistent exposure to physical, chemical or biological agents. Workers who had requests denied because of the minimum age may now have another chance at review.
What to do from now on
Experts recommend waiting for the publication of the ruling and any guidance from the INSS. Anyone who has already completed the exposure time must:
- Gather documents (PPP, work card, reports);
- Check the CNIS extract;
- File an administrative or judicial request, if necessary.
The decision paves the way for new applications and revisions, but does not guarantee automatic retroactive payment. Each case requires individual analysis.
