The Federal Supreme Court (STF) will decide this Friday (13) whether security guards are entitled to special retirement from the National Social Security Institute (INSS). The issue will be decided during a virtual trial that will end at 11:59 pm. 
The virtual plenary of the Court judges an appeal from the INSS to overturn a decision by the Superior Court of Justice (STJ), a lower court than the Supreme Court, which recognized the benefit. The institute claims that the surveillance service qualifies as a dangerous activity, without exposure to harmful agents, and only entitles the person to additional hazard pay.
According to the authority’s calculations, recognizing the benefit will cost R$154 billion over 35 years.
The case involves the discussion about the changes promoted by the 2019 Social Security reform, which now provides that special retirement is valid in cases of activities with effective exposure to chemical, physical and biological agents harmful to health. With the entry into force of the rule, dangerousness was no longer adopted for granting the benefit.
So far, the trial score is 5 votes to 4 against special retirement. The vote of Minister Alexandre de Moraes prevails. According to the minister, dangerousness is not inherent to surveillance activity, and special retirement for risky activities cannot be extended to professionals.
“Vigilante activity, with or without the use of a firearm, is not characterized as special,” said the minister.
Moraes’ vote was followed by ministers Cristiano Zanin, Luiz Fux, Dias Toffoli and André Mendonça.
The case rapporteur, Nunes Marques, voted to recognize the special activity of security guards and understood that the activity poses risks to the physical integrity of the category.
“It is possible to recognize security guard activity as special, with or without the use of a firearm, in view of the damage to mental health and the risks to the physical integrity of the worker, both in the period before and after the promulgation of Constitutional Amendment No. 103/2019”, stated the rapporteur.
The rapporteur’s vote was followed by ministers Flávio Dino, Cármen Lúcia and Edson Fachin.
The last one to vote will be Minister Gilmar Mendes.
