Overview

• Justice Luís Roberto Barroso announced on October 9 that he will step down early from Brazil’s Supreme Federal Court, despite being able to serve until 2033.
• Barroso has not set his final day, has returned five stayed cases, and still holds one pending request on the ICMS Difal issue, where a majority already favors allowing collection since 2022.
• His successor will inherit 912 cases from his docket, including matters tied to Lava Jato, while an abortion decriminalization case remains unscheduled for in-person judgment after a previous highlight request.
• President Luiz Inácio Lula da Silva now prepares a nomination, with reported contenders including Maria Elizabeth Rocha, 65, and Attorney General Jorge Messias, 45.
• Age-based projections suggest that, after Edson Fachin’s retirement, the court could see about nine years without turnover unless there are early exits, with Rocha likely retiring around 2035 and Messias potentially serving until 2055 if chosen.