STF Suspends Ruling at 5–3 on Previ’s Equal 30‑Year Pension Rule

Overview

• The plenary session paused with a recorded 5–3 plurality for unconstitutionality but no definitive ruling while the court awaits the remaining ministers’ votes.
• Relator Alexandre de Moraes led the majority arguing the rule may amount to indirect discrimination by ignoring the five‑year difference for women in public retirement law.
• De Moraes and other supporters flagged an estimated fiscal impact of about R$23 billion and asked the court to consider fund stability when shaping remedies.
• Previ and dissenting ministers defended the fund’s private autonomy and warned that changing the 30‑year requirement could harm plan equilibrium and impose costs on participants.
• The case was admitted as Tema 1.423 with national suspension of related lawsuits, so the final ruling will guide similar challenges to complementary pension rules across Brazil.