Overview
- Brazil’s solicitor general, in a petition filed Friday, May 8, asked the Supreme Court to confine Minister Flávio Dino’s ruling to the specific case at hand.
- Minister Dino ruled on March 16 that compulsory retirement with pay can no longer serve as a disciplinary penalty, citing the 2019 pension reform and saying serious offenses should lead to loss of office.
- The AGU says the decision arose in a case reviewing National Council of Justice actions against a Rio state judge, not in a lawsuit designed to create general, binding effects.
- After a request by federal prosecutors for plenary review, Dino lifted secrecy in the case and allowed the AGU to weigh in, leaving the broader question unresolved.
- If Dino’s reading stands, the CNJ would either absolve a judge, apply a lesser administrative penalty, or send the case for a separate action to remove the judge, replacing a sanction that today ends service but keeps proportional pay.