Three cases in the Supreme Federal Court may change the retirement rules for millions of Brazilians in 2026, and the most recent decision has already reduced the benefits for those retiring due to serious illness.

Written by Douglas Avila

Published on 15/04/2026 at 19:45

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The STF has already decided one of the three issues that could reshape retirement in 2026, and the narrow vote of 6 to 5 reduced the benefit for those retiring due to serious illness

On December 18, 2025, the Supreme Federal Court concluded the judgment of Theme 1300, which dealt with the calculation of retirement due to permanent incapacity.

By a vote of 6 to 5, the STF declared the rule that reduces the value of retirement for those retiring due to illness to 60% of the average contributions, plus 2% for each additional year, as constitutional.

This decision regarding the STF retirement 2026 directly affects millions of INSS policyholders who depend on the incapacity benefit.

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The formula of 60% plus 2% per year of contribution is the rule that the STF validated for retirement due to incapacity in 2026

Before the Social Security Reform of 2019, those who retired due to disability — including serious illnesses like cancer — received the full value of the benefit.

Constitutional Amendment 103/2019 changed this rule.

Now, full retirement is restricted to cases of work accidents or occupational diseases.

For all other cases, including serious and incurable diseases, the calculation follows the formula of 60% of the arithmetic average of contributions, plus 2% for each year exceeding 20 years (men) or 15 years (women).

In practice, a man with 25 years of contribution would receive 70% of the average — and no longer 100%.

Brazilian retiree at an INSS agency waiting for the STF decision on retirement 2026

Six ministers voted in favor and five against: how the STF decided on retirement due to incapacity

The judgment was marked by strong divergence among the ministers.

The rapporteur, Minister Luís Roberto Barroso, voted for the constitutionality of the rule.

Joining Barroso were Ministers Cristiano Zanin, André Mendonça, Nunes Marques, Luiz Fux, and Gilmar Mendes.

On the opposite side, Edson Fachin, Alexandre de Moraes, Dias Toffoli, Cármen Lúcia, and Flávio Dino voted for unconstitutionality.

Minister Flávio Dino classified the measure as “an unjustifiable downgrade in the benefit of those who become permanently incapacitated.”

Dino even proposed reviewing all affected benefits within 12 months, with payment of differences in a single installment.

However, the proposal was defeated by the final score of 6 to 5.

STF plenary during the judgment on retirement 2026

The three pending cases in the STF that could change the STF retirement 2026 for entire categories of workers

In addition to the already concluded decision, the Supreme Court has three more themes on the agenda for 2026 that could redefine Social Security:

Special retirement (ADI 6309): rules for professions exposed to harmful agents, such as metalworkers, electricians, nurses, security guards, and chemical industry workers
Retirement due to incapacity (consolidation): revisions resulting from the judgment of Theme 1300
Exemption from social security contributions (ADI 7385): retired civil servants with serious illnesses such as cancer and Parkinson’s

Each of these cases has the potential to affect millions of policyholders and public servants.

Just as decisions that impact the pockets of millions of Brazilian families, these STF definitions determine how much each worker will receive at the end of decades of contributions.

Health worker who may be affected by the STF decision on special retirement in 2026

What is at stake and what could still change in the retirement of Brazilians

The decision of Theme 1300 has binding effect and applies only to disabilities confirmed after November 12, 2019.

Those who retired before the reform maintain the previous rules.

The pending judgments for 2026 do not yet have fixed dates, and the impact on civil servants with serious illnesses remains uncertain.

The AGU celebrated the decision as a guarantee of “financial sustainability of the social security system.”

However, the five ministers who voted against argue that the measure violates the constitutional minimum protection of the most vulnerable.

According to the AGU, the established thesis validates the reform and ensures actuarial balance.

The Anamatra details the three processes that could change the social security rules throughout 2026.

What is certain is that the retirement of millions of Brazilians depends on what the STF decides in the coming months.

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Three cases in the Supreme Federal Court may change the retirement rules for millions of Brazilians in 2026, and the most recent decision has already reduced the benefits for those retiring due to serious illness.

The STF has already decided one of the three issues that could reshape retirement in 2026, and the narrow vote of 6 to 5 reduced the benefit for those retiring due to serious illness

The formula of 60% plus 2% per year of contribution is the rule that the STF validated for retirement due to incapacity in 2026

Six ministers voted in favor and five against: how the STF decided on retirement due to incapacity

The three pending cases in the STF that could change the STF retirement 2026 for entire categories of workers

What is at stake and what could still change in the retirement of Brazilians

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Three cases in the Supreme Federal Court may change the retirement rules for millions of Brazilians in 2026, and the most recent decision has already reduced the benefits for those retiring due to serious illness.

The STF has already decided one of the three issues that could reshape retirement in 2026, and the narrow vote of 6 to 5 reduced the benefit for those retiring due to serious illness

The formula of 60% plus 2% per year of contribution is the rule that the STF validated for retirement due to incapacity in 2026

Six ministers voted in favor and five against: how the STF decided on retirement due to incapacity

The three pending cases in the STF that could change the STF retirement 2026 for entire categories of workers

What is at stake and what could still change in the retirement of Brazilians

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While the U.S. still faces limitations in deep space, China is developing unprecedented technology with strategic satellites that maintain communication with the far side of the Moon and aims for dominance by 2030.

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The Blood Falls of Antarctica hide a living ecosystem trapped under the ice for over 2 million years, where microbes survive without light, without oxygen, and without ever having seen the Sun.

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