São Paulo court revokes retired judge's pension after Supreme Court ruling

The São Paulo Court of Justice has officially revoked the retirement pension of Judge Arthur Del Guercio Filho, who had been convicted of administrative misconduct. This significant decision comes after the Supreme Court of Brazil ruled in May to eliminate compulsory retirement as a form of punishment for judges.

Del Guercio Filho's downfall began in 2013 when he faced accusations of soliciting money from lawyers with interests in cases he was handling. At the time, he served on the 15th Public Law Chamber of the court and was suspended from his duties in the same year. Investigations revealed that he allegedly approached lawyers and their clients, citing financial difficulties and requesting sums ranging from R$20,000 to R$35,000.

Throughout the investigation, Del Guercio Filho consistently denied the allegations. He argued that the claims were baseless and that he could not unilaterally decide cases, as he worked within a collegiate body. Despite being suspended for thirteen years, court records show that Del Guercio Filho received a net salary of R$44,756.70 in July, as detailed in the court's Transparency Portal.

Prior to the Supreme Court's ruling, compulsory retirement with proportional salary guarantees was the most severe penalty available for judges. The National Council of Justice (CNJ) had imposed this penalty on 126 magistrates over two decades. The Organic Law of the National Magistracy (Loman) outlined disciplinary measures including warnings, censures, compulsory transfers, availability with proportional pay, and compulsory retirement with proportional pay.