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Brazil’s Supreme Court Blocks Special Retirement for Vigilantes in 6–4 Ruling

The decision establishes a binding standard under the 2019 reform that danger pay alone does not qualify for the benefit.

Overview

  • The Court upheld an INSS appeal and overturned a 2020 STJ ruling that had recognized special time for vigilantes.
  • The majority followed Alexandre de Moraes, while relator Kassio Nunes Marques dissented with Flávio Dino, Cármen Lúcia and Edson Fachin.
  • The judgment was issued with general repercussion, making the outcome mandatory for similar cases across Brazil.
  • Ministers applied the post‑2019 rule requiring effective exposure to harmful agents, rejecting risk alone and setting aside the relator’s proposed evidentiary exceptions.
  • Government submissions projected a 35‑year fiscal impact of R$154 billion to as much as R$200 billion, with roughly 570,000 vigilantes cited to illustrate the scale.