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Gilmar Mendes Partially Rolls Back Impeachment Order, Keeps Two-Thirds Quorum

The reversal answers a Senate request to await legislative work on a new impeachment statute now pushed to 2026.

Overview

  • Gilmar Mendes revoked the part of his Dec. 3 injunction that gave the Attorney General exclusive authority to file impeachment requests against Supreme Court justices, reinstating citizens’ ability to submit complaints to the Senate.
  • He maintained protections from the original order, including the requirement that the Senate muster a two‑thirds majority to open and approve impeachment proceedings.
  • The minister reiterated that the substantive merits of judicial decisions cannot be used as grounds for impeachment and that magistrates should not be removed from their duties while requests are assessed.
  • The Supreme Court removed the matter from its virtual docket, canceling the vote set for Dec. 12, with a final decision now deferred to a future in‑person plenary session.
  • The Senate’s legal office had urged suspension or revocation of the injunction while Congress updates the 1950 law; the CCJ relator delayed consideration of PL 1,388/2023 to 2026, and the Senate noted there are no impeachment processes formally received, despite reports of dozens of filed petitions.