Portuguese 
English 
Spanish 
5 min of reading 
8 comments 
Bus Drivers and Truck Drivers Can Retire Earlier with Special Retirement Provided by Law 8.213/91. See How It Works, Rules, and Required Documents.
Few professionals face a routine as heavy as that of bus and truck drivers in Brazil. In addition to long shifts, which easily exceed 10 hours a day, these workers endure continuous vibrations, excessive noise, the risk of serious accidents, and often unsanitary conditions on the roads. It is precisely this scenario that grants them, in certain situations, the right to special retirement, provided for in Law No. 8.213/1991 (Article 57) and regulated by Decree No. 3.048/1999 (Articles 64 to 70).
What The Law Says About Special Retirement
According to social security legislation, special retirement is granted to the worker who can prove exposure to harmful physical, chemical, or biological agents on a habitual and permanent basis. The general rule provides for a reduction in the contribution time:
- 25 years for activities considered hazardous in general;
- 20 years for activities with greater risk;
- 15 years for high-risk activities, such as underground mining.
In the case of drivers, the law classifies the profession within the range of 25 years of contribution, provided there is proof of exposure to harmful agents.
-
The prospector who heard about the advance of soy in Maranhão and opened a grocery store in Balsas in 1986 transformed that small store into Grupo Mateus, the third largest supermarket in Brazil, with revenues of R$ 43.5 billion and 490 units.
-
Fiserv, the world’s largest payment processor, has just inaugurated its first factory outside Asia in Brazil. The unit in Betim (MG) will produce 100,000 Clover payment terminals per year and is part of a US$100 million investment that includes technology and expansion until 2027.
-
Fiserv, the world’s largest payment processor, has just opened its first factory outside Asia in Brazil. The unit in Betim (MG) will produce 100,000 Clover payment terminals per year and is part of a US$100 million investment that includes technology and expansion until 2027.
-
Pix could become a headache between Brazil and the US, and the Lula government will go to the White House to explain the system before pressure mounts.
This means that a truck driver or bus driver can retire ten years earlier than the regular retirement, which requires 35 years of contribution (before the 2019 reform) or the sum of points (contribution time + age) after Constitutional Amendment No. 103/2019.
Legal and Historical Recognition
Before 1995, the classification was professional, meaning it was enough to perform the activity of a driver to have the right recognized. Decree No. 53.831/1964 and Decree No. 83.080/1979 listed truck and bus drivers among the categories eligible for special retirement.
After 1995, with Law No. 9.032/1995, it became necessary to prove effective exposure to harmful agents. From then on, automatic classification by profession ceased to exist. In other words, today, the driver needs to present technical documents that prove the harmfulness of the work environment.
Required Documents
In order to have the right recognized, drivers need to present:
- PPP (Professional Profile for Social Security): a document detailing the function performed, harmful agents, and period of exposure;
- LTCAT (Technical Report on Work Environmental Conditions): prepared by a safety engineer or occupational physician, which verifies conditions of unhealthiness or danger.
These documents are fundamental and can be requested from the contracting company. For independent truck drivers, proving this is more complex, but still possible through indirect assessments, witnesses, and transport contracts.
Conditions Justifying Special Retirement
In the case of drivers, the main factors recognized as harmful to health are:
- Continuous noise above legal limits (currently set at 85 decibels, according to NR-15 of the Ministry of Labor);
- Whole-body vibration, which causes back problems, hernias, and musculoskeletal diseases;
- Heightened risk of accidents, considered by jurisprudence as a factor of unhealthiness;
- Exposure to chemical agents, especially for drivers working with the transport of fuels and hazardous products.
Jurisprudence and Recent Decisions
The issue of special retirement for drivers has been a subject of great debate in the judiciary. The Superior Court of Justice (STJ), in its ruling on Theme 1.031, recognized that danger can characterize special activity even without a physical, chemical, or biological agent.
This opens the door for drivers transporting hazardous loads, such as fuel, to have greater ease in securing their rights.
Furthermore, courts have accepted that the danger of traffic on highways and exposure to vibrations and noise above legal limits constitute special time. Thus, even after the end of automatic classification by profession, the judiciary still acknowledges the wear and tear of this category.
Social Security Reform and Its Impact on Drivers
With the Social Security Reform of 2019 (EC 103/2019), special retirement underwent significant changes:
- It now requires a minimum age of 60 years in the case of hazardous activities with 25 years of contribution;
- A points transition rule was created, which combines age + contribution time, needing to reach 86 points for the category.
Despite this, those who had already completed 25 years of contribution before the reform have acquired rights under the old rules, without a minimum age requirement.
Social and Economic Impact
According to data from union organizations, Brazil has about 2 million professional drivers including truck drivers and public transport drivers.
A good portion of them start working at a young age, often before 20. This means that if they can prove special time, they may retire as early as 45 or 50 years old.
In practice, however, the lack of documentation is one of the biggest obstacles. Many drivers work independently or for companies that do not properly provide the PPP. Therefore, the number of lawsuits in which drivers seek the recognition of their rights is increasing.
Why The Benefit Is So Important?
Special retirement represents not only financial compensation but also recognition of the physical and psychological wear and tear of the profession. Bus drivers deal daily with urban stress, violence, and the risk of assaults.
Truck drivers face long hours, poorly maintained roads, and even lack of basic infrastructure at stops.
This scenario makes it unsustainable for these workers to wait until 65 years old, as is the case for much of the population. The law, by reducing the contribution time, seeks to balance working conditions and ensure social protection.
Special retirement for truck and bus drivers is a legal reality but requires increasingly more documentation. Supported by Law No. 8.213/1991, Decree No. 3.048/1999, and decisions from the STJ, these workers can retire earlier, provided they demonstrate habitual exposure to risks and harmful agents.
The challenge is to assert this right in a scenario where the social security reform has tightened the rules and many employers do not fulfill their legal obligations. For drivers, the struggle continues on the roads and also in court, where the recognition of the profession as arduous continues to be affirmed.
Desde 2019 estou lutando pela aposentadoria especial, já estou no terceiro escritório de advocacia, fiz 2 perícias que atestaram o direito, tenho 62 anos e 29 de profissão como motorista de ônibus urbano em São Paulo, se existe leis favoráveis ao trabalhador elas são sumariamente ignoradas pelo INSS, o Partido dos Trabalhadores dá uma **** para os mesmos.
Sou motorista e digo, na prática só entrando na justiça, o INSS NUNCA. EU DISSE NUNCA da aposentadoria especial, e a nossa justiça é demorada, ja vi um caso, não sei como desenrolou e não sei dos detalhes pois a pessoa não soube explicar, o motorista entrou com pedido de aposentadoria especial, o INSS negou, ele entrou via judicial, passaram os anos, ele completou os 35 anos e a sentença não transitou em julgado, quando ele fechou os 35 anos o INSS o chamou e disse a ele que teria que abrir mão do processo para liberar a aposentadoria por tempo de serviço, quando sai da empresa este senhor ainda estava com o processo, mais de 35 anos trabalhando e não conseguia se aposentar nem na via judicial e nem na comum pelo INSS, acredito que ele tenha conseguido, mas é muito stress pra alguém que trabalhou a vida toda.
Engraçado q eles ditam as leis duras pra quem doa sua saúde a pagar impostos a vida toda adquirindo problemas de saúde, pra eles q se aposentam em 8 anos com todos os privilégios q eles tem e só precisam comprovar q tem dois mandamos e nada mais.