The special retirement of the National Social Security Institute (INSS) had an important change in 2026 after the Federal Supreme Court (STF) overturned the minimum age requirement for this modality. With the decision, workers no longer need to reach 58 years of age as a mandatory requirement, but they continue to be required to prove exposure to harmful agents and comply with the required waiting period.
INSS: Special retirement can be guaranteed from the age of 58
The special retirement of the National Social Security Institute (INSS) had an important change in 2026 after the Federal Supreme Court (STF) overturned the minimum age requirement for this modality. With the decision, workers no longer...
The decision was taken on June 3, 2026, during the trial of ADI 6309. By majority, the STF considered unconstitutional the section of Constitutional Amendment 103/2019 that established minimum ages for workers subjected to conditions harmful to health.
- Before the decision, legislation established a minimum age of 55 for special activities requiring 15 years of exposure.
- For activities that required 20 years, the expected age was 58 years, while those requiring 25 years had a minimum age of 60 years.
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The decision was taken on June 3, 2026, during the trial of ADI 6309. By majority, the STF considered unconstitutional the section of Constitutional Amendment 103/2019 that established minimum ages for workers subjected to conditions harmful to health.
Before the decision, legislation established a minimum age of 55 for special activities requiring 15 years of exposure. For activities that required 20 years, the expected age was 58 years, while those requiring 25 years had a minimum age of 60 years. The special pension also required 180 monthly contributions.
With the decision, the age requirement was removed. According to the Ministry of Social Security, however, other rules remain valid. Among them is the prohibition on converting special time into common time after the Social Security Reform. The calculation criteria defined by the reform were also maintained.
Who can apply for the benefit
Special retirement is intended for workers who prove effective exposure to chemical, physical or biological agents harmful to health. This exposure must occur permanently and cannot be just occasional or intermittent.
The period required depends on the risk level of the activity. The legislation provides for three possibilities: 15, 20 or 25 years of exposure under special conditions. In addition, it is necessary to meet the minimum grace period of 180 monthly contributions.
For policyholders who were already affiliated with the General Social Security Regime (RGPS) before November 13, 2019, there is also a transition rule. In this case, 66, 76 or 86 points are required, depending on the special exposure time required.
PPP is one of the main documents
Proof of working conditions is essential to obtain the benefit. The main document used by the INSS in this analysis is the Social Security Professional Profile (PPP).
The document presents information about the activities performed by the worker and the agents present in the professional environment. Environmental records can also be used to support the data presented in the PPP, in accordance with social security requirements.
How to order
The special retirement application can be made through the INSS digital channels. The institute provides services related to retirement through Meu INSS, while Central 135 also offers assistance.
After making the request, the insured must monitor the progress of the process and respond to any requirements. Depending on the situation, INSS may request additional documents during the analysis.
Thus, the age of 58 is no longer a mandatory requirement for special retirement. The STF's decision, however, did not eliminate the need to prove the period of exposure to harmful agents, the special period and the grace period. Anyone who already meets the other requirements must check their social security history before requesting the benefit.
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