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Brazilian Supreme Court Pauses Fines for Workplace Regulation Violations for 90 Days, but Companies Must Still Address Harassment and Overwork

Author profile image Viviane Alves
Written by Viviane Alves Published on 27/06/2026 at 02:18
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Decision by André Mendonça temporarily suspends penalties, opens an attempt at reconciliation, and maintains the prevention of psychosocial risks as a business obligation.

The Supreme Federal Court suspended for 90 days fines and other sanctions related to psychosocial risks provided for in NR-1.

The decision was made by Minister André Mendonça and has national reach. Companies from all sectors are affected by the provisional measure.

The suspension, however, does not eliminate obligations related to mental health at work.

Employers remain responsible for identifying, evaluating, and preventing harassment, constant pressure, excessive hours, overload, and problems in the organization of activities.

What changes for companies during the 90 days?

Labor auditors will not be able to apply fines based on the disputed provisions during the period established by the STF.

Sanctions already applied based on these rules will also have their effects temporarily suspended.

Inspection can still analyze documents, internal procedures, and actions adopted by organizations.

NR-1 remains valid as a technical reference for the prevention of psychosocial risks in the professional environment.

The decision, therefore, suspends the application of certain penalties. The duty to protect workers remains in force.

Lack of clear criteria motivated questioning in the STF

The measure responds to an action filed by the National Confederation of Educational Institutions, Confenen.

The entity argues that the regulation does not establish sufficiently objective criteria to identify and manage psychosocial risks.

This lack of parameters could, according to the confederation, generate legal uncertainty and penalties based on different interpretations.

An injunction granted at the end of May 2026 had already suspended sanctions for about 130,000 companies represented by Fiesp.

The new decision extended the effects of the suspension to all companies in the country.

Reconciliation should clarify the application of NR-1

André Mendonça recognized the importance of the new rules for the protection of workers’ health.

The minister identified, however, doubts about which behaviors are required from companies and which situations may result in penalties.

The process was forwarded to the STF’s Consensual Conflict Resolution Center, Nusol.

Government representatives, employers, and other participants should discuss clearer criteria during the suspension period.

The process will return to the rapporteur after the conciliation for a new analysis.

The injunction should also be examined by the STF’s virtual plenary between August 7 and 18, 2026.

NR-1 update came into effect in May 2026

The Ministry of Labor and Employment announced the inclusion of psychosocial risks in NR-1 in August 2024.

The changes were initially set to come into effect in May 2025.

Requests made by business entities and employer unions led the government to postpone the implementation by one year.

The new wording thus came into effect on May 26, 2026.

The Ministry of Labor published a manual, technical guide, and Q&A document to guide companies and workers.

Companies must still combat psychosocial risks

The Public Labor Ministry considers the decision to be specific and temporary.

The suspension of fines does not remove, according to the agency, the legal protection of workers’ mental health.

The Federal Constitution, CLT, and international conventions continue to guarantee the right to safe and healthy professional environments.

Companies must maintain measures capable of identifying and reducing:

  • harassment and violence at work;
  • overload and excessive tasks;
  • continuous pressure for results;
  • excessive professional hours;
  • failures in activity organization.

Workers should also continue reporting risk situations to institutional protection channels.

Mental disorder-related leaves reach record levels

The NR-1 update occurs in a scenario of growing work-related mental health issues.

More than half a million disability benefits were granted for mental disorders in 2025.

Anxiety disorders led the records, with 166,489 leaves.

Depressive episodes followed, with 126,608 professional licenses.

An analysis by the International Labour Organization and the Public Ministry of Labor identified absences in more than two thousand professions.

Retail salespeople, cleaners, and office assistants are among the most affected occupations.

What happens after the suspension ends?

The result of the conciliation will be sent to Minister André Mendonça at the end of the 90 days.

The expectation involves creating more objective parameters without weakening the protection of workers’ mental health.

Fines are temporarily suspended, but the prevention of harassment, stress, overload, and other risks remains mandatory.

Will the suspension help companies apply NR-1 more safely or could it delay important protection measures? Share your opinion.

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Viviane Alves

Writer specializing in the production of strategic content covering macro and microeconomics, geopolitics, the energy market, the automotive sector, and global trade.

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