A judge from the 12th Federal Court in São Paulo has provisionally suspended the effects of President Lula's decree altering the Worker Food Program (PAT) rules, in response to a lawsuit by operator Ticket S.A. The ruling prohibits the Union from inspecting or penalizing the company for non-compliance with the new regulations. The decision applies only to Ticket, which seeks legal certainty in the sector.
On Tuesday, January 20, 2026, Judge Maurílio Freitas Maia de Queiroz of the 12th Federal Court in São Paulo granted a preliminary injunction suspending the effects of the decree signed by President Lula in November 2025, which reformed the Worker Food Program (PAT). The decision initially benefits only Ticket S.A., the plaintiff in the lawsuit, and prevents the Union from conducting inspections or imposing penalties on the company for failing to follow the new rules.
The decree aimed to boost competition in the meal and food voucher market, expanding beneficiaries' freedom of choice. Key changes included capping fees charged to restaurants and supermarkets by operators at 3.6% and halving the payment deadline to establishments from 30 to 15 days. The government set a 90-day adaptation period, which Ticket deemed "technically and economically unfeasible".
The operator argues the decree is unconstitutional, exceeds regulatory authority, and violates principles like economic freedom and free competition by imposing structural changes to the sector via decree rather than law. In the ruling, the judge partially agreed, stating that provisions on fee limits, payment deadlines, and mandatory interoperability go beyond PAT's administrative organization, impacting the benefits market structure. He emphasized that "autonomous innovation of the legal order or the creation of obligations dissociated from sufficient legal authorization is not admissible".
Upon signing the measure, Lula stated on social media that the decree would end "the oligopoly of a few companies over workers' meal vouchers". The judge countered that the mere existence of an oligopoly does not violate the law, with the Cade responsible for addressing anticompetitive practices.
The government had no comment by the time of publication. Ticket stated the lawsuit aims to "seek legal certainty and preserve the program's integrity and operation, ensuring the continuity of food benefits for workers". The sector is divided: operator associations, bars, and restaurants criticize the MDR fee cap, while supermarkets support it. The government anticipated legal challenges, with dozens of other operators filing suits.
