Brazil's Superior Court of Justice ruled that bus drivers, conductors and truck drivers may qualify for special INSS retirement by proving exposure to harmful work conditions.
The ruling came on Thursday afternoon in the repetitive appeal known as theme 1.310, which applies nationwide. The court held that the right may be recognized even after the 1995 law, provided evidence shows exposure to harmful conditions.
Lawyer Adriane Bramante, who argued the case, said recognition requires documents and expert analysis proving excessive hours, continuous stress and poor road conditions. The INSS typically denies the benefit, so claimants must go to court with a lawyer.
Already-retired workers may seek review, and those exposed to harmful agents for only part of their careers retain the special time credit earned before the 2019 pension reform. An appeal to the Supreme Federal Court remains possible.
