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Brazil’s Supreme Court Gives Congress 24 Months to Pass Worker Protections Against Automation

The unanimous ruling finds a long‑standing omission under Article 7, XXVII, placing the next move squarely with Congress.

Overview

  • Lawmakers must enact a statute by October 2027 to regulate the constitutional right to protection from job displacement driven by automation and artificial intelligence.
  • The case originated with a 2022 petition by the Prosecutor General’s Office, which highlighted rapid technology adoption during the pandemic and studies warning of extensive job exposure.
  • Rapporteur Luís Roberto Barroso recognized the omission and, after colleagues pressed for a timetable, supported the 24‑month deadline while urging worker training and social safety nets.
  • Ministers indicated the Court could set protective parameters if Congress fails to act, including guardrails discussed such as curbs on mass layoffs tied to AI or software.
  • The Senate, the Chamber of Deputies and the federal Solicitor General’s office said there is no omission because bills are pending and argued that deadlines intrude on legislative prerogatives.