The minister of the (Federal Supreme Court) announced this Thursday (9) early retirement from the court.
“I feel that now is the time to follow other paths. I don’t even have them well defined, but I have no attachment to power and I would like to live a little more of the life I have left without public exposure, the obligations and demands of the position”, he said, emotionally.
He made the announcement at the end of the plenary session. The minister held the position for 12 years and 3 months. Barroso will turn 75 in 2033, when he would have to retire compulsorily.
Barroso said that two years ago he told President Luiz Inácio da Silva (PT) that he was thinking about leaving the court early.
Last Saturday (4), the two were together at the singer Maria Bethânia’s show. According to Barroso, he told the PT member that they would need to talk and the two scheduled a meeting for this Wednesday, but the meeting ended up being canceled due to the president’s commitments. Therefore, the two did not speak to each other the day before the announcement.
Barroso said he had prepared himself for this moment, but needed pauses in his speech to continue his speech and asked for more water to calm down.
“Radicalism is the enemy of truth. In life we must be careful not to fall in love for our own reasons. Despite the difficulties that we have not yet overcome, such as poverty and inequality, I also reaffirm my faith in Brazil, the most beautiful country in the world”, he said.
He said he still has no regrets about his career in court.
“I don’t have any regrets, nor have I ever been afraid of anything. And I don’t say this out of pretension or arrogance, but because of my deepest belief, that the universe protects people who move for good purposes”, he stated.
The minister must remain at the Supreme Court until next week. He has a large collection of pending processes and requests for review that he intends to organize by Friday (17).
One of the requests for review refers to the abortion trial. The minister said this Thursday that criminalization is a discriminatory component because “it has a perverse effect on poor women”.
He has not decided whether to release the case for trial. “The consideration I am making is that we are already living in a moment with many delicate issues happening at the same time and the risks of a divisive decision creating an even more turbulent environment in the country,” he said.
Barroso commanded the STF during the first conviction of a former president for a coup d’état in the country’s history. The minister stated that he could not leave the court before the conclusion of the trial of the central nucleus of the 2022 coup plot, which resulted in the conviction of (). “It was my duty to be here, to be on the side of my colleagues,” he said.
The conviction was the culmination of a conflictual period between the magistrate, the STF and Bolsonarism. Even before assuming the main position in the Judiciary, the minister was already a constant target of Bolsonaro.
It is not common for court ministers to anticipate their departure from the court. The last time a judge brought forward his retirement by more than a month was in 2014, with . He would only have to retire compulsorily in 2024.
The president of , , said that Barroso left his mark on the construction of Brazilian constitutional law, by producing “profound effects [que] will last for many generations to come.”
also expressed support for Barroso’s decision. The two were involved in arguments in court in 2018, with accusations on both sides.
“You are a bit of psychopathy,” said Barroso to Gilmar. “Life for Your Excellency is to offend people. What is your idea? What is your proposal? Your Excellency is a shame, it is a dishonor to the court. Your Excellency, alone, demoralizes the court. You are always after some interest other than that of Justice”, said Barroso at the time.
“I don’t hold any regrets,” said Gilmar this Thursday. “A big hug, be happy.”
wrote on social media that the STF loses the talent of a great minister in the plenary. “He will continue to be a reference for us, as one of the most erudite, innovative and productive Brazilian constitutionalists”, he added.
The Attorney General of the Republic, Paulo Gonet, said that Barroso was important for defending the Constitution and Brazilian democracy during his 12 years within the Supreme Court.
“We all find comfort in the fact that, if we lose the judge, the country will continue to count on the jurist who is always cultured, always open to dialogue and always in search of what is fair and right,” he stated.
The president of the Chamber, deputy Hugo Motta (Republicanos-PB), highlighted Barroso’s balance in defending democracy. “I acknowledge my recognition for your work and wish you much success on this new journey. You will be missed by the highest Court in Brazil,” he wrote.
‘Democracy won’
Appointed to the STF by Dilma Rousseff in 2013, Barroso assumed the presidency of the Supreme Court ten years later, with a speech in defense of national unity. “Democracy won and we need to work for the pacification of the country”, he said at his inauguration.
Months earlier, two of his statements became ammunition for Bolsonarism to question the minister’s exemption. In one of them, in New York, the judge reacted to supporters of the former president who were harassing members of the court.
replied Barroso. The phrase, uttered less than a month after Bolsonaro’s electoral defeat to Lula, became a mantra of Bolsonarism and ended up spray-painted by a protester on the A Justiça statue, in front of the Supreme Court, during the attacks on January 8th.
At another time, Barroso was speaking at the 59th Congress of UNE (National Union of Students), in July 2023, when he stated: .
Barroso was president of the (Superior Electoral Court), amid the escalation of Bolsonaro’s attacks against electronic voting machines.
Born in Vassouras, Rio de Janeiro, he was nominated by then president Dilma Rousseff (PT) and joined the Supreme Court in June 2013, occupying the vacant seat left by Carlos Ayres Britto.
Barroso also has an academic career on his CV. He is a professor of constitutional law at the State University of Rio de Janeiro (Uerj).
