The government is considering appealing to the Federal Supreme Court (STF), if the Senate approves the Proposed Amendment to the Constitution (PEC) that creates special retirement rules for community agents and those fighting endemic diseases. According to interlocutors at Palácio do Planalto, the strategy is to allege a violation of the principle of isonomy, which guarantees equal rights, as provided for in the Constitution.
The PEC, scheduled to be voted on by the Senate plenary, establishes differentiated benefits for a specific category to the detriment of other public sector employees, which would be unconstitutional.
According to the proposal, the category could retire at 50 years of age, with 25 years in the activity. In 2019, the Social Security reform set a minimum retirement age of 65 years (men) and 62 years (women), with transition rules.
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The strategy began to be defended after Minister Gilmar Mendes, from the STF, presented a proposal for a binding summary to stop the bomb agendas. According to the suggested text, new expenses can only be created with a source of compensation, as provided for in the Fiscal Responsibility Law (LRF).
Furthermore, the PEC has retroactive effects, that is, it benefits those who have already retired and revives the principle of integrality, the retiree’s full value at the end of her career and parity, even readjustment of assets. These two concepts ended more than 20 years ago in the public sector and never existed in the INSS.
If approved, the rules apply to both retirement systems: for municipalities that have not established their own pension systems and remain linked to the INSS and for municipalities that have created their own retirement systems.
The actuarial impact is estimated at R$30 billion for the Union and R$69.9 billion for the municipalities, according to estimates by the National Confederation of Municipalities (CNM). This calculation brings all retirement expenses to present value.
The PEC was approved by the Chamber of Deputies in October 2025 with broad support, including from the Workers’ Party (PT). Despite the impact, the government admits that the matter is sensitive in an election year. However, the understanding is that the measure will further worsen the Social Security deficit.
The plan to activate the STF was also considered by the Executive in the negotiations on rural debts in Congress, another bombshell issue. The government blocked R$461.7 million from the Agricultural Insurance Premium Subsidy Program.
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President Davi Alcolmbre (União-AP) informed that he will follow the normal procedure in voting on the PEC for health agents. The matter will begin to be discussed by the plenary this Tuesday and, with a sufficient quorum, it can be voted on in the first round.
Alcolumbre will make the decision during the discussion, according to assistants. As it is a PEC, 49 votes from the 81 senators are needed.
If it is approved in the first round, five sessions will be necessary, according to the normal procedure, which could push the final vote to the parliamentary recess, scheduled to begin on July 18th. Sessions will be remote this and next week.
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Until then, there will be time for a rapprochement between President Lula and Alcolumbre, who have had strained relations since the rejection of the Union’s attorney general, Jorge Messias, for a vacancy on the STF.
