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  • STF sets trial on mandatory retirement of public employees at age 75

    STF sets trial on mandatory retirement of public employees at age 75

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    The Supreme Federal Court (STF) has scheduled a trial of extreme relevance for Brazilian public administration: the definition of the immediate applicability of mandatory retirement at age 75 for public employees, according to the changes brought by the 2019 Pension Reform (Constitutional Amendment 103/2019).

    The Context of the Trial in the STF

    Minister Flávio Dino has released to the virtual plenary the trial that will define the functional future of thousands of workers who work in public companies and mixed-capital companies. The central controversy lies in whether the rule of mandatory retirement, provided for in article 201, § 16, of the Federal Constitution, has full and immediate effectiveness or whether it depends on a specific complementary law to regulate the dismissal of these professionals.

    The case that originated the general repercussion involves a former employee of the National Supply Company (Conab). After turning 75, her contract was terminated based on the age limit. The defense argues that the automatic application of the rule violates labor rights and that the STF already has precedents indicating that the mandatory retirement would not originally extend to employees governed by the CLT, even in the public sector.

    The Thesis of the Rapporteur: Minister Gilmar Mendes

    For the rapporteur of the process, Minister Gilmar Mendes, the rule introduced by the Pension Reform is self-applicable. In his vote, the magistrate emphasizes that the objective of the rule is to promote turnover in public positions and guarantee the sustainability of the social security system, regardless of the nature of the legal bond (statutory or CLT).

    “In the case of mandatory retirement – and not spontaneous – the employee’s inactivation is independent of the manifestation of will of him or the employer, the attainment of the age limit together with the minimum contribution time being sufficient conditions for his inactivation.”

    According to the understanding that has already received favorable votes from Ministers Alexandre de Moraes, Cristiano Zanin, and Dias Toffoli, the public employee who reaches 75 years of age will be automatically dismissed, provided that he has fulfilled the minimum contribution time. If he does not have the necessary time, he must remain in the position only until he reaches this basic social security requirement.

    Impacts on State-Owned and Mixed-Capital Companies

    The decision will have “General Repercussion”, which means that the understanding established by the STF must be followed by all courts in the country. The practical impact is vast, directly affecting giants such as:

    • Petrobras (Mixed-Capital Company);

    • Banco do Brasil and Caixa Econômica Federal;

    • Correios and Conab;

    • State, district, and municipal public sanitation and energy companies.

    Until then, there was legal uncertainty about whether these workers could remain in their positions indefinitely or whether they would be subject to the same “expulsion” that affects judges, prosecutors, and statutory servants.

    Difference between Spontaneous and Mandatory Retirement

    It is essential to distinguish the two institutes legally. Spontaneous retirement occurs by the will of the worker and, according to consolidated jurisprudence of the STF (ADIs 1.721 and 1.770), does not automatically break the employment bond. Mandatory retirement is a constitutional imposition based on the age criterion.

    The challenge that the Supreme Court faces is to reconcile the protection of employment provided for in the CLT with the constitutional rule that limits the exercise of public functions up to a certain age. If the STF confirms the immediate application, there will be no need to pay a fine of 40% of the FGTS or prior notice due to the nature of the termination, which arises from a legal/constitutional determination that cannot be overcome.

    Conclusion and Next Steps

    The trial is scheduled to take place in virtual mode. Experts point out that the trend is towards confirmation of Minister Gilmar Mendes’ thesis, establishing a necessary standardization for the public sector. However, Flávio Dino’s request for a review demonstrated that there are still points of reflection on how this transition should occur for those who are already in the exercise of the function.

    Stay tuned to legal updates, as this decision will define the future of the careers of thousands of Brazilians who have dedicated decades to public service under the CLT regime and who now face the age ceiling of productive permanence in the State.

  • CFM 2.454/2026: The New Legal Framework for AI in Healthcare and its Practical Impacts

    CFM 2.454/2026: The New Legal Framework for AI in Healthcare and its Practical Impacts

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    CFM Resolution No. 2.454/2026 establishes a watershed moment in Brazilian medicine by regulating the use of Artificial Intelligence in the sector. Doctors, clinics, and hospitals have until August 2026 to adapt their technological structures and governance processes to this new framework, which aims to ensure patient safety and the ethical responsibility of professionals in the face of the advancement of digital tools.

    The Context of CFM Resolution 2.454/2026

    The rapid integration of Artificial Intelligence (AI) systems into clinical practice has brought undeniable benefits but also dangerous regulatory gaps. CFM Resolution 2.454/2026 does not arise in isolation; it is the operational arm of broader legislation, such as the General Data Protection Law (LGPD) and the Legal Framework for AI in Brazil. The objective is to transform generic ethical principles into practical and auditable obligations.

    Before this regulation, there was a gray area about who would be responsible for a diagnostic error suggested by an algorithm. Now, the Federal Council of Medicine makes it clear that technology should serve as support, and never as a substitute for human judgment. For healthcare managers, the rule requires a transition from passive technological adoption to active digital governance.

    The Four Pillars of Compliance in AI in Healthcare

    The new regulation is structured around four fundamental axes that should guide the actions of any healthcare service provider:

    1. Medical Supervision and Human Decision

    This is the central pillar. The resolution strictly prohibits the delegation of critical clinical decisions exclusively to automated systems. The concept of “human-in-the-loop” becomes mandatory. This means that every report, triage, or treatment plan generated by AI must be validated by a duly registered physician, who assumes ethical and legal responsibility for the adopted conduct.

    2. Transparency and Right to Information

    The patient has the right to know when their health is being monitored or evaluated by AI tools. Transparency must be documented in an understandable manner. It is not enough to inform that the system was used; it is necessary to explain clearly the role of technology in the process, respecting the Medical Code of Ethics and the rights of the data subject provided for in the LGPD.

    3. Governance and Traceability of Systems

    Hospitals and clinics must maintain a rigorous inventory of all AI software in use. This includes everything from complex radiology tools to customer service chatbots that use natural language. The institution must be able to prove:

    • The origin and quality of the data that feeds the system;

    • Who is the technical manager responsible for monitoring the tool;

    • What are the specific purposes of each algorithm.

    4. Risk and Incident Management

    Algorithm failures, diagnostic errors due to data bias, or leaks of sensitive information must have immediate response protocols. Risk management needs to be preventive, with periodic audits to identify whether the AI is exhibiting unexpected or discriminatory behaviors.

    Shared Responsibility between Doctors and Institutions

    A crucial point of Resolution 2.454/2026 is the expansion of the responsibility spectrum. It does not only affect the doctor who signs the medical record. Responsibility is now shared with technical directors, technology managers, and hospital administrators.

    “The absence of an internal AI governance policy can be interpreted as institutional negligence, subjecting the entity to sanctions not only from the CFM but also from the ANPD and consumer protection agencies.”

    This implies that contracts with technology providers (IT Vendors) must be reviewed immediately. Liability clauses, service levels (SLA), and transparency about how the algorithm works (the so-called ‘explainability’) become items of legal survival for healthcare providers.

    Step by Step for Implementation by August 2026

    The deadline for adaptation is short given the complexity of the task. An immediate action schedule is recommended:

    1. Inventory Mapping (Gap Analysis): Identify which systems already have AI components, often hidden in legacy management software modules.

    2. Data Audit: Verify that the data processing performed by the AI is in full compliance with the LGPD, ensuring the proper treatment of sensitive data.

    3. Development of the AI Governance Policy: Create an internal regulatory document that defines the limits of technology use in the institution.

    4. Training of the Clinical Staff: Educate physicians about the ethical and legal implications of validating decisions suggested by machines.

    Conclusion

    The arrival of CFM Resolution 2.454/2026 represents the end of the era of unregulated experimentation of AI in Brazilian healthcare. More than a bureaucratic obstacle, this standard should be seen as an opportunity for healthcare institutions to raise their standard of quality and legal certainty.

    August 2026 will be the milestone where non-compliance becomes an unsustainable liability. Investing in specialized legal advice and robust digital governance processes is no longer optional; it is the fundamental requirement for the practice of modern and ethical medicine.

  • Federal Government Advances in Restructuring Public Administration Careers by Sending Bill to Congress

    Federal Government Advances in Restructuring Public Administration Careers by Sending Bill to Congress

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    Governo Federal Avança na Reestruturação de Carreiras da Administração Pública com Envio de Projeto de Lei ao Congresso

    In a strategic move aimed at modernizing and valuing the federal public service, the Ministry of Management and Innovation in Public Services (MGI) announced the submission of a Bill (PL) to the National Congress. This PL constitutes an important milestone in the restructuring of various careers in the federal public administration (APF), aiming not only to reorganize functional structures but also to professionally value thousands of civil servants.

    The government’s initiative is not limited to redefining functions and bonuses. It comprehensively seeks to strengthen the capacity of the Brazilian State, ensuring that public service careers are aligned with contemporary demands for efficiency, innovation, and the delivery of quality services to the population. With this project, the government intends to consolidate a series of agreements and negotiations that were conducted throughout the year, culminating in a legislative proposal that will positively impact approximately 200 thousand civil servants in different spheres of administration.

    Objectives and Scope of the Bill

    The Bill is multifaceted and addresses various layers of the civil service. Among its main objectives, the following stand out:

    • Reorganization and valorization of existing careers: The PL proposes adjustments to improve the structure of various careers, making them more attractive and providing clear paths for professional development for civil servants. This includes everything from reviewing assignments to adjusting remuneration.

    • Creation of new positions: To address gaps and emerging needs, especially in strategic sectors, the project provides for the creation of new positions. This measure is crucial to oxygenate the public machine and ensure that the State has professionals with the skills needed to face current and future challenges.

    • Recomposition and strengthening of key institutions: A particular focus of the PL is the creation of positions for universities and regulatory agencies. This action signals the government’s commitment to investing in higher education and the State’s regulatory capacity, essential pillars for the country’s scientific, technological, and economic development. Strengthening these institutions is vital for the production of knowledge and for guaranteeing a fair and competitive business environment.

    • Consolidation of negotiated agreements: The project formalizes salary and career negotiations conducted by the MGI with various categories of civil servants throughout the year. This consolidation is a fundamental step to guarantee legal certainty and the effectiveness of the agreed proposals, promoting a more stable and motivating work environment.

    Impact on Careers and the Civil Service

    The proposed restructuring will have a significant impact on the lives of approximately 200 thousand civil servants. This expressive number demonstrates the breadth of the reform and the potential for transformation that it carries for the federal public service. Professional valorization not only translates into salary increases but also into improvements in working conditions, recognition of qualifications, and the provision of career advancement opportunities.

    For universities and regulatory agencies, the creation of new positions represents a fundamental reinforcement of their teams, allowing them to perform their missions more effectively. In universities, this may mean more researchers, professors, and technicians, boosting research, teaching, and extension. In regulatory agencies, increasing the number of qualified personnel is essential for the efficient supervision of vital sectors of the economy, such as energy, telecommunications, and health, protecting consumer interests and promoting fair competition.

    Restructuring Context

    The decision to forward this Bill falls within a broader context of public administration reform being promoted by the Ministry of Management and Innovation in Public Services. The MGI has been working intensely to find solutions that optimize public resources, modernize management, and value the human talents of the federal service. This restructuring is seen as an imperative necessity to adapt the State to new social, economic, and technological realities, ensuring its relevance and responsiveness.

    The negotiation and construction of such a comprehensive project involve a complex dialogue between different actors, including unions, civil servant associations, the Ministry of Planning and Budget itself, and the National Congress. The search for a consensus that meets the expectations of civil servants and, at the same time, respects budgetary limits and the needs of public management is a constant challenge, but essential for the success of initiatives like this.

    Next Steps in the National Congress

    With the submission of the Bill to Congress, a new phase of processing begins, which will involve debates in committees, amendments, and, finally, a vote in both legislative houses (Chamber of Deputies and Federal Senate). The expectation is that the PL will be analyzed quickly, given its importance for the valorization of the civil service and for the improvement of the public machine.

    During this phase, the MGI will continue to act actively, providing the necessary information and clarifications to parliamentarians so that they understand the depth and relevance of the proposals. The approval of the Bill will be a decisive step to realize the commitments made by the Federal Government to its civil servants and to the continuous improvement of public administration in Brazil.

    This Bill, therefore, represents a significant investment in the human capital of the public service and in the institutional capacity of the State, aiming for a more modern, efficient administration capable of delivering effective results for Brazilian society.