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AGU Challenges STF Minister’s Move to End Compulsory Retirement for Judges

The filing questions using a single case to rewrite how Brazil disciplines judges.

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.