The preliminary injunction issued by the Brazilian Supreme Court (“STF”) on June 25, 2026, in the proceeding concerning the Allegation of Noncompliance with a Fundamental Precept (ADPF) No. 1,316, suspended, for a period of 90 days, the application of administrative sanctions arising from noncompliance with the provisions of Regulatory Standard No. 1 (“NR-1”) relating to the management of work-related psychosocial risks. The decision did not suspend the amendments to NR-1 or the requirement for companies to include work-related psychosocial risk factors in their Risk Management Program (PGR).
The central rationale underlying the decision is the need to provide greater legal certainty regarding the application of administrative sanctions. Although NR-1 provides organizations with flexibility to select appropriate methodologies for identifying, assessing, and managing occupational risks, the decision emphasizes that the application of administrative sanctions requires sufficiently objective criteria so that employers can determine in advance which measures they must adopt to demonstrate compliance. In this context, the STF identified uncertainties regarding the definition of work-related psychosocial risk factors, assessment methodologies, and the parameters that will guide inspections, concluding that the current regulations do not yet provide sufficiently objective criteria to support the imposition of administrative sanctions.
Despite the temporary suspension of administrative sanctions, the general duties relating to occupational health and safety established by the Federal Constitution, the Consolidation of Labor Laws (CLT), and regulatory standards remain unchanged. Likewise, the decision does not preclude potential liability of companies before the Labor Courts or the Public Labor Prosecutor’s Office in cases involving occupational mental disorders, organizational harassment, or other failures in the management of psychosocial risks.
This therefore creates a peculiar interim period: the obligation to manage psychosocial risks remains in force, although without its immediate sanctioning counterpart. Accordingly, companies are advised to continue implementing the measures provided for under NR-1, using this period to review internal procedures, strengthen the documentation of preventive measures as evidence of good faith in complying with the standard, improve the integration of occupational health and safety programs, and monitor regulatory developments.
Our labor and employment team remains available to provide any assistance that may be required.
