The new decree regulating the Worker’s Food Voucher Program, published in November 2025, had the stated objective of increasing competition and freedom of choice for beneficiaries.
In practice, however, it ended up imposing significant structural changes on a highly complex and already heavily regulated sector, with a direct impact on established business models.
This topic has been covered before in our newsletter. Nevertheless, it is worth emphasizing that, among the main changes introduced by the decree, the following stand out: full interoperability, the mandatory use of open arrangements for large operators, the limitation of fees, the reduction of financial settlement periods, and the prohibition of exclusivity clauses. Without a doubt, the granting of only 90 days for adaptation presents itself as one of the most sensitive points, insofar as it demands, in an extremely short period, large-scale contractual, operational, technological and financial restructurings.
The good news is that, last week, the Judiciary granted an injunction to a benefits operator, suspending, in relation to it, the immediate enforceability of certain obligations foreseen in the decree, including with regard to the risk of application of administrative sanctions from 10/02/2026, such as fines, cancellation of registration in the Program for Workers’ Food Assistance and possible suspension of operations.
In considering the request, the Court highlighted that the provisions of Decree No. 12,712/2025, when dealing with rate limits, financial settlement deadlines, and mandatory interoperability, may extend beyond the mere administrative organization of the program, reaching structural aspects of the benefits market. In the Judge’s understanding, although such measures may be understood as aimed at improving the functioning of the system and protecting the worker, no clear and specific legislative authorization was identified for the imposition of these obligations by decree. Given this scenario, the effects of the requirements were temporarily suspended in relation to the plaintiff company, until further deliberation.
From a business perspective, the case reinforces the idea that litigation should be seen as a legitimate tool for managing regulatory risk, with the judiciary potentially serving as a space for institutional balance by allowing companies to gain time for internal reorganization and mitigate potentially irreversible financial and operational impacts.
Although the decision does not automatically affect other market participants, it signals that there are relevant legal issues under discussion. More than just a one-off measure, the injunction opens up space for employers and operators to review contracts, map risks, simulate scenarios, and define strategies (administrative or judicial) with greater rationality and security.
