The Brazilian Federal Supreme Court suspends sanctions related to new psychosocial risk management requirements

The Brazilian Federal Supreme Court has suspended, for 90 days, the application of fines and other sanctions related to new psychosocial risk management requirements under Regulatory Standard No. 1.

 

The Brazilian Federal Supreme Court (STF) has granted a preliminary injunction in ADPF No. 1316 suspending the application of penalties and other sanctions arising from recently introduced psychosocial risk management requirements under Regulatory Standard No. 1 (NR-1).

NR-1 is the foundational occupational health and safety regulation issued by Brazil’s Ministry of Labour and Employment (MTE). Following amendments introduced by MTE Ordinance No. 1,419/2024, employers are required to identify, assess, and manage psychosocial risk factors as part of their occupational risk management programmes.

In this context, the National Confederation of Private Educational Institutions (CONFENEN) filed an action before the STF arguing that the rules fail to provide clear criteria for employers and enforcement authorities regarding the assessment of these factors and the circumstances under which penalties may be imposed.

In a preliminary injunction issued on 25 June 2026, the STF found merit in the arguments presented by CONFENEN and ordered the suspension, for a period of 90 days, of fines, notices of violation, and other coercive enforcement measures based on the psychosocial risk provisions of NR-1. The decision also suspended the effects of penalties already imposed under those provisions. On 18 August 2026, the STF formed a majority to maintain the suspension of the enforcement of sanctions.

The STF did not suspend the validity or effectiveness of the NR-1 amendments themselves. Employers remain required to consider psychosocial risks as part of their occupational health and safety frameworks and to implement appropriate measures to identify, assess, and manage such risks.

 

Key Action Points for Human Resources and In-House Counsel

• Continue compliance efforts, as the STF suspended enforcement measures, but not the underlying obligations under NR-1.
• Review and document psychosocial risk management practices, including assessments, training, and mitigation measures.
• Monitor developments in ADPF 1316 and potential regulatory guidance, as new enforcement criteria or clarifications may emerge following the STF proceedings.