The Brazilian Supreme Court (STF) has ruled that security guards, both armed and unarmed, do not qualify for special retirement under the National Institute of Social Security (INSS). The decision was made during a virtual plenary session held between February 6 and 13, where the Court determined that the profession does not meet the criteria for special benefits designed for security personnel specified in the Constitution. This ruling effectively ends the possibility of classifying the activity as hazardous, even for those who are armed, significantly impacting current and future retirement rights for security professionals.

This decision is particularly significant as it follows a long-standing debate regarding the status of security guards in the context of social security legislation. With the STF's judgment, legal experts believe that the case surrounding theme 1.209 is now fundamentally resolved, establishing that no further benefits related to special retirement can be gained after 1995—marking the year when a law was passed eliminating the list of professions entitled to these risk-based benefits. Furthermore, this ruling not only affects new applicants but also raises questions about ongoing legal actions, particularly concerning individuals who may have received the right to benefit through earlier provisional measures.

As the final ruling will require a published ruling to clarify potential repercussions, such as whether individuals who have previously received benefits might have to return payments, the implications of this decision are far-reaching. It highlights the ongoing complexity and evolving nature of social security law in Brazil, especially as it pertains to professions that operate under perceived risk and the boundaries of legal entitlements within the INSS framework.