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Brazil’s Top Court Gives Congress 24 Months to Enact Worker Protections Against Automation

The decision compels legislation to give effect to a dormant constitutional right to protection in the face of automation.

Overview

  • The Supreme Federal Court unanimously recognized a legislative omission and set an October 2027 deadline for a specific law on safeguards against job displacement by technology.
  • The case stems from ADO 73 filed by the Prosecutor General’s Office in 2022, citing the lack of regulation of Article 7, XXVII of the 1988 Constitution.
  • Ministers indicated that affected workers may seek judicial remedies even without a new statute, and the Court could set protective parameters if Congress misses the deadline.
  • The Senate, the Chamber of Deputies, and the Solicitor General’s Office argued there is no omission due to pending bills and warned that a court-imposed timeline risks separation-of-powers violations.
  • The justices emphasized retraining and social safety nets for a just transition rather than halting technological progress, with suggestions that Congress could address issues such as mass dismissals tied to automation.