The approval of Constitutional Amendment Proposal (PEC) 221 of 2019 by the Federal Senate establishes the most profound alteration in the organization of the Brazilian work schedule since the promulgation of the 1988 Constitution. The text eliminates the model of six days of work followed by one day of rest and sets a maximum work week of 40 hours with two paid weekly rest days, without salary reduction.

Because it is a constitutional amendment, the text does not depend on the sanction or veto of President Luiz Inácio Lula da Silva (PT). Promulgation is the responsibility of the presiding officers of the Chamber of Deputies and the Senate in a joint session of the National Congress. Once promulgated and published in the Official Gazette of the Union (DOU), the amendment enters into force in a phased manner, with specific adaptation periods for companies, professional categories, and the public sector.

Transition timeline

The transition from the 44-hour work week to the definitive model of 40 hours per week and five working days followed by two days off (5×2 schedule) will occur in two main stages:

First stage (60 days after publication): Two months after the amendment is published, workers become entitled to two paid days off per week, preferably on Sundays. At the same time, the weekly working hours limit is reduced from 44 to 42 hours.

Second stage (14 months after publication): after 12 months from the implementation of the first stage, totaling 14 months from the official publication, the maximum weekly workload is definitively reduced to 40 hours, with a limit of eight hours per day.

During the 12-month period in which the 42-hour weekly limit will be in effect, employers must distribute the two extra hours across the weekdays. If distributed evenly across the five working days, the daily work schedule becomes 8 hours and 24 minutes.

Collective labor agreements and conventions may authorize daily work schedules exceeding eight hours during this transitional period to accommodate the 42-hour schedule, provided that the two weekly days off are strictly maintained.

Once the 14-month transition period is complete, any activity exceeding eight hours per day or 40 hours per week will require the payment of overtime or compensation through a time bank, mechanisms that remain permitted under labor law.

Special schedules and shifts

The new constitutional guidelines do not impose a single work schedule format for the entire market and safeguard the operation of continuous activities and essential services. Uninterrupted services, such as hospitals and health units, public safety, public transportation, urban cleaning, and surveillance, may adopt specific models for organizing and compensating working hours through collective bargaining agreements or conventions.

In these areas, the traditional 12-hour work shift followed by 36 hours of rest (12×36 shift) is not automatically eliminated by the PEC, but will need to be adapted at the negotiating table between employers’ and workers’ unions.

The reorganization of shifts must take into account the reduction of the weekly workload and the minimum rest and meal periods stipulated in the Constitution. The text also refers to future specific laws for the complementary regulation of conditions for categories with their own operational characteristics.

In the case of workers subjected to prolonged confinement, such as on offshore oil platforms, amendments proposing prior exceptions in the constitutional text were rejected by rapporteur Omar Aziz. The parliamentarian pointed out that the work regime for offshore oil workers should be subject to subsequent legal regulation.

Compensation and average monthly days off

The proposed amendment allows companies and unions to establish, exceptionally and through collective agreement or convention, work schedule compensation regimes with shifts different from the 5×2 format, including enabling the eventual continuation of the 6×1 shift schedule.

For this flexibility to be valid before the Labor Court, the proposal requires compliance with two mandatory criteria: the worked days off must be fully compensated within the same calendar month; and the worker is entitled to at least one day of rest within a maximum period of one week of service, and must reach, at the end of the month, an average of two paid days off per week.

The three express exceptions

The text approved by Congress establishes differentiated rules and specific conditions for three groups of workers and economic sectors:

Outsourced public administration workers: To safeguard the continuity of essential public services and preserve the economic and financial balance of administrative contracts, outsourced companies providing services to the State will have up to 12 months after the enactment to adjust their work schedules, instead of the general 60-day period. Contracts amended after 60 days from the publication must already comply with the new schedule. If the public authority and the service providers do not formalize an addendum within one year, the reduction in working hours for outsourced workers will automatically take effect, without a reduction in salary.

Professionals with a university degree and salaries starting at R$ 21,100: the so-called “highly qualified workers,” who are employees with a university degree and a monthly salary equal to or greater than 2.5 times the ceiling of Social Security benefits (currently R$ 21,188.87), are exempt from general daily working hour limits and timekeeping. These professionals can negotiate their schedules directly with the company, but retain the constitutional right to two days of paid weekly rest. This exception does not apply to public employees.

Brazilian labor law already provides for situations where there is no traditional control of working hours, such as in the case of employees who hold positions of trust or who work outside the company in activities where it is not possible to control their hours.

Individual micro-entrepreneurs and small businesses: the proposed constitutional amendment (PEC) stipulates that a subsequent complementary law will create transitional measures for mitigation and fiscal or credit support for individual micro-entrepreneurs, micro-enterprises, and small businesses. The granting of these benefits will be expressly conditional upon maintaining jobs and employment levels in these establishments.

Current contracts and old agreements

The application of the new work schedule to existing employment contracts is direct and immediate, requiring no formal re-hiring or termination of employment. The Constitution guarantees the principle of non-reduction of wages, prohibiting any nominal cut or proportional reduction in employee salaries or in the minimum wages of professional categories.

For workers who already work 40 hours a week or less, the amendment does not create a further reduction in weekly working hours. However, these employees will now have a guaranteed right to two paid days of weekly rest.

In the labor union sphere, clauses in previously agreed collective bargaining agreements and conventions that address working hours or weekly rest periods and are incompatible with the new constitutional parameters will lose all legal validity 60 days after the amendment is published.

Impact on the labor market

The shift to a new work schedule affects tens of millions of workers in operational, customer service, and ongoing production roles across the country.

A technical survey prepared by the Inter-Union Department of Statistics and Socioeconomic Studies (Dieese), based on the Continuous National Household Sample Survey (PNAD) of the Brazilian Institute of Geography and Statistics (IBGE), indicates that the measure will directly benefit 26.8 million workers.

The contingent consists of 22 million employees with formal contracts in the formal sector (equivalent to 54% of the country’s formal workers) and approximately 4.8 million informal workers who register weekly work schedules exceeding 40 hours.

Data from the Ministry of Labor and Employment (MTE) indicates that 14.8 million formal workers were directly subject to the 6×1 work schedule in 2025, while another 29.7 million were already working on the 5×2 schedule.

The scope of the change is also reflected in the profile of contracted work schedules in Brazil. Studies by the National Confederation of Commerce of Goods, Services and Tourism (CNC), structured from the Annual Social Information Report (Rais), reveal that 35.7 million workers under the CLT (Consolidation of Labor Laws), about 62% of the formal Brazilian workforce, currently work schedules ranging between 40 and 44 hours per week.

Militants and supporters of President Luiz Inácio Lula da Silva participated, this Sunday, September 27, in demonstrations as part of the national mobilization “Let’s go, Lula,” held a week before the first round of elections. In Rio de Janeiro, “CarnaLula 2026” spanned the length of Copacabana beach.

With a microphone, PT Senate candidate Benedita da Silva spoke about the importance of Carnival as an expression of popular culture and called on those present to also vote for a progressive bloc in the Rio de Janeiro Legislative Assembly and the Federal Chamber of Deputies. She reinforced the discourse that, in this election, not only democracy is at stake, but also national sovereignty. “We will not be anyone’s backyard,” she repeated Lula’s phrase.

Read more: Brazil’s presidential campaign heats up

In São Paulo, the event began with Carnival parades, circus performances, and bike rides on Paulista Avenue, where candidates gave speeches in defense of democracy. “Denialism will not prevail,” said Senate candidate Simone Tebet. Federal deputy Erika Hilton echoed Tebet, speaking about the importance of electing candidates who will steer Brazil away from fascism and who are in favor of the working class, as well as defending the end of the 6×1 work schedule. Also present at the event, actor Humberto Carrão told Brasil de Fato that he urged voters to decide the presidential election in the first round.

The capital of Minas Gerais, Belo Horizonte, was one of the cities with the largest number of activities in support of Lula’s re-election. Among them was a flag-waving demonstration in the city center, where hundreds of activists unfurled a banner that read “Lula of Brazil.” In a review of the event, Pedro Martins, a member of the Alvorada collective, one of the organizers of the action, spoke of the need to occupy the streets. “It was a spectacular event, with all the social movements gathered. This week was an important week, showing that we need to go to the streets, and only in this way can we turn the vote around and achieve victory,” he told Brasil de Fato.

In Florianópolis and Curitiba, supporters held a bike ride carrying flags in defense of Lula’s candidacy. In Brasília, the gathering was on the Eixão, a fast road that connects the Plano Piloto from north to south.

Lula’s campaign reported that the day’s events were organized in a decentralized manner, with more than 500 activities planned across the 27 state capitals and hundreds of municipalities. The program included walks, motorcades, leaflet distribution, and cultural performances.

First published by Brasil de Fato in Portuguese.

The Brazilian Intelligence Agency (ABIN) has raised the risk of external influence and interference by the United States in Brazil’s 2026 elections to a “critical level.” The confidential report was sent to the Presidency, the Supreme Electoral Court, and the Ministry of Justice. In it, the agency points to escalating pressure from the administration of Donald Trump on Brazil. It ties Washington’s actions to a broader strategy to politically reorient Latin America.

The document is titled, “Threats to the 2026 electoral process.” It was forwarded to authorities in late August, and its contents were revealed this Saturday, Sept. 19, by journalist Mônica Bergamo’s column in the Folha de S.Paulo newspaper.

According to the report, there is a “trend of escalating pressure on Brazil” and a “selective intensification and reconfiguration of the pressure exerted by the United States,” albeit within a historic pattern of U.S. influence over the region.

The report’s assessment does not mention ballot tampering or altering the election results. The intelligence agency’s warning addresses the possibility that political, economic and diplomatic pressures could interfere with the institutional environment and with public debate during the electoral process.

The agency places these actions within the strategy adopted by the second Trump administration to reaffirm U.S. hegemony in Latin America.

According to the analysis, strategic documents released by the U.S. government between November 2025 and May of this year point to its objectives as reducing the influence of powers considered rivals and preventing their access to the region’s “strategic assets, natural resources and infrastructure.”

ABIN identifies China as one of the primary targets of this policy. In the agency’s assessment, Washington seeks to expand its direct or indirect control over these resources, whether through the U.S. government or the country’s private investment.

Support for conservative governments

The report pays special attention to the actions of U.S. Secretary of State and National Security Advisor Marco Rubio. According to ABIN, his policy toward Latin America has an ideological bent and he seeks to “influence and reorient the foreign policy of countries in the region.”

According to the document, this strategy involves steering Latin American countries away from China and promoting a domestic political shift “by supporting the rise of conservative governments.”

The agency cites a U.S. Senate hearing held in June, during which Rubio linked the restoration of U.S. hegemony in Latin America to the presence of governments aligned with Washington.

At the time, Rubio stated that the region had come to rely on several governments “friendly” to the United States during Trump’s second term. He singled out Brazil, Colombia, Cuba, Nicaragua, and Venezuela as exceptions.

The document also noted statements in which Rubio held Brazilian President Luiz Inácio Lula da Silva responsible for U.S. tariffs on Brazilian products, alleging that Brazil had not negotiated “in good faith.”

In ABIN’s view, this approach personalizes the pressure exerted on the country and has the potential to impact public debate in Brazil during the electoral period.

Brazil targeted for defending autonomy, says ABIN

The intelligence agency assessed that Brazil holds a unique position in U.S. strategy, because it has a government with “greater political will and the means to defend its strategic autonomy” in the face of Washington’s pressure for concessions and geopolitical realignment.

The report states that, despite periods of easing tensions between Lula and Trump, actions taken by the United States since May indicate a trend of increasing pressure.

Among the actions cited is the U.S. designation of Brazilian criminal organizations as terrorist groups and sanctions announced in July against two Brazilians and companies based in Brazil and Portugal. The U.S. government accused them of ties to money-laundering networks linked to the Primeiro Comando da Capital (PCC) drug gang. For ABIN, these sanctions represented a “transition” because they caused U.S. pressure to have concrete effects on Brazilian individuals and companies.

“As a result, U.S. external interference now directly impacts financial relationships, corporate reputation, access to the dollar, international operations, and the exposure of third parties to the risk of secondary sanctions,” states an excerpt from the report released by Folha de S. Paulo.

According to the analysis, the U.S. strategy is happening in a “gradual, combined and adaptive” manner, linking Brazilian organizations to threats against U.S. national security. This is then followed by measures capable of affecting the country’s companies, banks and other institutions.

The Brazilian Intelligence Agency warns that these types of sanctions could prompt Brazilian and foreign economic actors to alter their decisions out of fear of losing access to the U.S. financial system or being impacted by secondary sanctions.

U.S. Makes Demands Over Brazilian Election

The report has also emerged amid tensions between Brasília and Washington directly related to the 2026 elections.

During negotiations held in 2025, the Trump administration presented Brazil with a draft joint statement that outlined a Brazilian commitment to not “arbitrarily” detain, arrest or limit the participation of “political dissidents” in the electoral process. The proposal stated that Brazil should commit to holding “free and fair” elections and ensure the participation of such individuals in the vote.

On Thursday. Sept. 17, Lula stated in an interview with Rádio Itatiaia that the proposal had become a “dead issue” for the Brazilian government. The president also rejected the possibility of granting the United States preferential access to the country’s mineral resources.

The confidential agency report delves deeper into the concerns previously raised in public analyses by the Brazilian Intelligence Agency. In a document released this year regarding intelligence challenges for 2026, the agency identified foreign interference as a threat to sovereignty. It warned that a combination of technological dependence, disinformation, espionage, and coercion could enable foreign actors to influence public debate and decision-making processes in Brazil.

Edited by Geisa Marques. This article was originally published by Brasil de Fato. It can be read in its original form, in Portuguese, here.