Regulation of the Workers’ Food Program (PAT) – invalidities of Decree 12,712/2025

Abstract

This article examines the validity of the amendments to the regulations governing the Workers’ Food Program, established by Decree No. 12,712/2025. Law No. 14,442/2022 imposed interoperability between closed-loop and open-loop arrangements, as well as the right to portability from one arrangement to the other. It was concluded that both the mandatory interoperability requirement and the mandatory portability requirement are unconstitutional, as they impose an unreasonable restriction on economic freedom. Beyond these issues, it is further concluded that, by innovating upon the statutory framework and prohibiting companies serving more than 500,000 workers from adopting a closed-loop arrangement, the Decree is invalid. It is also invalid insofar as it independently restricts free enterprise and free competition. The absence of a participatory process and of a regulatory impact assessment further reinforces these defects. Finally, it is concluded that the lack of transitional rules undermines legal certainty. In the case of public contracts, due to the right to economic and financial equilibrium, this deficiency is even more serious.