Luís Roberto Barroso, Minister of the Federal Supreme Court| Photo: Nelson Jr./SCO/STF

In a trial initiated by the Federal Supreme Court (STF) on this Friday (17), Minister Luís Roberto Barroso considered the application of a minimum age for special retirement by the National Social Security Institute (INSS) to be constitutional. The Direct Action of Unconstitutionality 6309, of which Barroso is the rapporteur, was filed by the National Confederation of Industry Workers (CNTI) and will be judged until next Friday (24) in the virtual plenary of the Court.

“This is already a reality in several countries for a long time, with a global trend that special retirement regimes become increasingly exceptional or even disappear”, said Barroso in his vote. In the action, which began in 2020, the CNTI considers the minimum age rule unconstitutional on the grounds that it causes damage to workers who work in activities that are harmful to their health and that it extinguishes the purpose of special INSS retirement.

After the Social Security Reform, workers under special regime who started to work in the labor market from November 2019, when the new law came into effect, must be at least 55 years old in case of 15 years of work and 60 years in the case of 25 years of work. Those who already contributed to Social Security, in turn, have a minimum score that considers contribution time and age.