Justice Cármen Lúcia of the Supreme Court (STF) rejected a Direct Action of Unconstitutionality filed by food benefit companies against the rate cap established by the Lula government's decree. With the reporting justice's decision, the case was dismissed and the federal government's rules remain valid.
The Worker Food Program (PAT) decree, published in late 2025, establishes a cap of 3.6% for the discount charged to restaurants and other establishments, in addition to limiting the interchange fee to 2%. The regulation also requires that payment to establishments be made within 15 days and provides for opening of payment arrangements serving more than 500,000 workers.
Traditional companies in the sector contested the government's decision and are trying to overturn the new rules in court. In addition to the case at the STF, there are other requests in lower courts. With the dismissal ordered by Cármen Lúcia, the companies will no longer be able to seek at the Supreme Court the overturning of the rate cap established by the decree.
