First Panel of STF denies appeals, maintains end of retirement as punishment for judges

Brazil's Supreme Court First Panel has definitively ended the practice of mandatory retirement as a punitive measure for judges. In a recent ruling, the panel rejected appeals against this decision, reinforcing that while judges are protected by tenure, this protection does not extend to cases involving grave misconduct.

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Judges remain covered by tenure, but this is not a protective shield when grave infractions are committed.

The court's conclusion emphasizes that the panel's competence to address this issue is "crystal clear." The ruling clarifies that judges who commit serious infractions can now face the loss of their position, rather than simply being forced into retirement with pay. This change aims to ensure accountability within the judiciary.

This decision builds upon a May 26th ruling where the panel unanimously agreed that punishing judges with continued pay while they are removed from their duties would equate to impunity. The loss of office, as per the new decision, will be contingent upon a formal action before the Supreme Court itself, following an administrative process.

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It is incompatible with logic that the STF, which judges the nation's highest officials and can invalidate laws, is deemed unfit to assess the commission (or not) of extremely serious infractions by magistrates and other public agents.

According to the National Council of Justice (CNJ), 126 sanctions of mandatory retirement have been applied since the council's creation in 2006. Previously, this was the most severe administrative consequence. Other potential punishments included temporary suspension with proportional pay or lesser sanctions like warnings or censures. The new ruling ensures that more serious offenses will have more severe consequences, aiming to strengthen the integrity of the judicial system.

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Punishment with continued pay would mean impunity.