Special retirement is the benefit for those who work exposed to chemical, physical or biological agents harmful to health, such as excessive noise, heat, mineral dust, chemicals, viruses and bacteria. Since the 2019 Social Security reform it became harder to obtain. In 2026, however, a Federal Supreme Court decision changed this scenario.
What the 2019 reform required
Constitutional Amendment 103/2019 began requiring, in addition to exposure time, a minimum age: 55 for activities with 15 years of exposure (such as underground mining), 58 for those with 20 years and 60 for those with 25 years, which are most cases (art. 19, § 1, I). For those already contributing before the reform, a points-based transition rule was created, adding age and exposure time: 66, 76 or 86 points (art. 21).
What the STF decided
In ruling ADI 6309, concluded on June 3, 2026, the STF declared unconstitutional, by 6 votes to 5, the minimum age requirement of art. 19, § 1, I, of Constitutional Amendment 103/2019. In practice, workers exposed to harmful agents can once again retire after completing 15, 20 or 25 years of special activity, depending on the level of risk, without waiting for a minimum age.
Some points still depend on the publication of the ruling and any motions for clarification, such as possible limitation of its effects and the impact on the points rule. Until this is defined, the INSS often keeps denying claims based on the old rule, which may require an appeal or a lawsuit.
How the amount works
The decision did not change how the benefit is calculated. It still equals 60% of the average of all contribution salaries since July 1994, plus 2 percentage points for each year beyond 20 years of contributions. For 15-year activities and for women, the increase starts after 15 years (art. 26, §§ 2 and 5, of Constitutional Amendment 103/2019).
Special time before the reform is worth more
Time worked in special conditions until the reform took effect, in November 2019, can be converted into ordinary time with an increase, which helps those retiring under another rule. Conversion of periods after the reform is prohibited (art. 25, § 2, of Constitutional Amendment 103/2019). That is why it is worth reviewing the work card even for those who don't plan to apply for special retirement.
Documents that make a difference
- PPP (Social Security Occupational Profile) from each company, filled in with the harmful agents and their levels
- LTCAT or other technical reports supporting the PPP
- Work card, payslips with unhealthy-work or hazard premiums and employment records
- CNIS statement, to check that all employment is recorded
A PPP with errors, incomplete or without the name of the technical officer is one of the main causes of denial. When the company has closed or refuses to provide the document, there are ways to prove exposure, including a court-ordered expert examination.
Those whose claim was denied
Those whose special retirement was denied only for not reaching the minimum age should review their case carefully, because the STF decision may open the door to a new application or a lawsuit. See also what to do when the INSS denies a benefit e the 2026 retirement rules.
SPD Advocacia reviews PPPs, CNIS and work history through online service across Brazil. Learn about our social security law practice or talk to the team on WhatsApp.
Informational content, updated in September 2026. Each case requires individual analysis.