17/ 47Constitution
Flávio wants to change the Constitution. The amendment he signed affects your 13th-month salary.
On October 6, in Goiânia, Flávio spoke of a majority in Congress “so we can change the Constitution”, without saying what[1]. PEC 12/2026, a proposed constitutional amendment co-signed by Flávio, makes the 13th-month salary, holiday pay and FGTS proportional to hours actually worked and gives individual contracts priority over collective agreements[2].
| Subject | Under the Constitution today | Under PEC 12/2026 |
|---|---|---|
| Your working hours, Art. 7º, XIII | No more than 8 hours a day and 44 a week[3]. | The 44-hour ceiling remains, and individual contracts can make working hours flexible[2]. According to DIEESE, with no minimum number of contracted hours[4]. |
| Monthly pay, Art. 7º, IV and VII | The minimum wage must cover basic needs. Those with variable pay never receive less than the minimum[3]. | The minimum becomes an hourly amount, proportional to the minimum wage[2]. According to DIEESE, monthly earnings could fall below the minimum wage[4]. |
| 13th-month salary, holiday pay and FGTS, Art. 7º, III, VIII and XVII | The 13th-month salary is based on full remuneration. Holiday pay includes at least an additional third. FGTS is also in the Constitution[3]. | All three become proportional to hours actually worked[2]. For DIEESE, paying the 13th-month salary and holiday pay in fragments defeats their core purpose[4]. |
| Who negotiates, Art. 7º, VI and XIII | Reducing pay or working hours requires a collective agreement negotiated by the union[3]. | Working hours can be reduced by individual agreement, including on an hourly basis. Individual contracts prevail over collective agreements[2]. |
This is a proposal: it awaits a rapporteur in the Senate and is not in force. The 44-hour ceiling remains, and the minimum hourly rate stays linked to the minimum wage[2].
- Of the minimum wage: average monthly pay under intermittent contracts in 2025, R$ 686
- 45%
- Intermittent contracts with no work or payment in 2025
- 61%
- Of the minimum wage: average pay for women under intermittent contracts in 2025
- 36%
The speech
Change what? He did not say.
On 6 October, in Goiânia, Flávio spoke of a majority in Congress “so we can change the Constitution” and did not say what he would change[1]. On the same day: “Brazil has already given me a Congress much further to the right than it already is today”[5].
Changing the Constitution requires 308 of 513 deputies and 49 of 81 senators, in two rounds of voting in each chamber[3][5]. On October 4, the PL elected 121 deputies and 28 senators[5].
PEC 12
The change he has already signed
PEC 12/2026 was introduced on May 28 by Rogério Marinho (PL-RN)[2], Flávio’s campaign coordinator[6]. Flávio is one of the 40 senators who signed it, and the proposal awaits a rapporteur in the Senate’s CCJ[2]. The text gives individual contracts priority over collective agreements[7].
For DIEESE, the amendment brings into the Constitution the logic of intermittent contracts, introduced by the 2017 reform for which Marinho was rapporteur[4]. With no minimum working hours, “workers could end the month receiving less than the minimum wage”[4].
The defense
Freedom to choose working hours
Flávio says the 13th-month salary, holiday pay and FGTS remain, “proportional to hours worked”, and that “a woman with children will be able to work, for example, four hours”[8]. He speaks of “freedom, so Brazilian workers can choose their own working hours”[9].
He proposes this instead of ending the 6x1 work schedule[9]. On May 27, the Chamber approved the amendment reducing the working week to 40 hours, with two days off and no pay cut; the next day, Marinho introduced PEC 12[4].
Pensions
What was studied and denied
In April, according to Folha, Flávio’s economic team considered adjusting only for inflation minimum-wage pensions and BPC payments, as well as minimum health and education spending, which would require constitutional amendments. The senator’s office denied it[10].
On Jornal Nacional, Flávio said: “There is no need to save money at pensioners’ expense”[11]. In September, Adolfo Sachsida, from the campaign’s economic coordination team, said the link between the minimum wage and pensions would be maintained[12].
The vote
The signature is already there
Flávio has not said what he wants to change in the Constitution. His signature is already on PEC 12[2]. The runoff is on 25 October.
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References12 sources
- 01Correio Braziliense · Em Goiânia, Flávio diz que usará maioria no Congresso para mudar ConstituiçãoIn Goiânia, Flávio spoke of a majority in Congress “so we can change the Constitution”, without saying what he would change.(opens in a new tab)
- 02Senado Federal · Proposta de Emenda à Constituição n° 12, de 2026Text and authorship of PEC 12: Marinho and 39 other senators, including Flávio; individual contracts above collective agreements, 13th-month salary, holiday pay and FGTS proportional to hours; awaiting a rapporteur in the CCJ.(opens in a new tab)
- 03Presidência da República · Constituição da República Federativa do Brasil de 1988Current text of art. 7º (III, IV, VI, VII, VIII, XIII and XVII) and art. 60 (amendments by a 3/5 majority, in two voting rounds).(opens in a new tab)
- 04DIEESE · A PEC 12/2026 e a institucionalização do trabalho sob demanda (Nota Técnica 293)Analysis of PEC 12 (no minimum working hours, monthly pay below the minimum) and RAIS 2025 data on intermittent contracts: average R$ 686.47, 61% with no activity.(opens in a new tab)
- 05CNN Brasil · Flávio diz que usará maioria no Congresso para “mudar Constituição”The statement about Congress being “further to the right”; an amendment requires 308 deputies and 49 senators; the PL elected 121 and 28.(opens in a new tab)
- 06InfoMoney · Flávio Bolsonaro foca no Nordeste e escala ex-ministro como coordenador de campanhaRogério Marinho coordinates Flávio Bolsonaro’s campaign.(opens in a new tab)
- 07Agência Senado · Rogerio Marinho propõe PEC que flexibiliza jornada de trabalho“The amendment makes clear that individual contracts will prevail over possible collective agreements.”(opens in a new tab)
- 08Diário de Pernambuco · Flávio Bolsonaro sugere pagamento por hora em alternativa à escala 6x1Flávio: 13th-month salary, FGTS and holiday pay “proportional to hours worked”; a mother “will be able to work, for example, four hours”.(opens in a new tab)
- 09Estadão Conteúdo, via Diário do Grande ABC · Flávio: ‘nossa proposta é que os trabalhadores decidam quantas horas querem trabalhar por dia’Flávio advocates working hours chosen by workers as an alternative to the amendment ending the 6x1 schedule.(opens in a new tab)
- 10O Sul, com informações da Folha de S.Paulo · Flávio Bolsonaro planeja reajustar aposentadorias e despesas com saúde e educação só pela inflaçãoThe team considered inflation-only adjustments to pensions, BPC and health and education spending floors, through constitutional amendments; “the senator’s office refuted the information”.(opens in a new tab)
- 11CNN Brasil · Flávio promete “tesouraço” nos impostos para aumento do salário mínimoOn Jornal Nacional, Flávio: “There is no need to save money at pensioners’ expense”.(opens in a new tab)
- 12Reuters, via Money Times · Sachsida diz que vinculação entre salário mínimo e Previdência será mantida em eventual vitória de Flávio BolsonaroSachsida, from the campaign’s economic coordination team, says the link between the minimum wage and social security will be maintained.(opens in a new tab)