The minister of the (Federal Supreme Court) suspended this Wednesday (3), in a preliminary (provisional) decision, sections of the document dealing with the removal of ministers from the court.
The law dates back to 1950, and Gilmar considered it incompatible with the Constitution, for example, an article that allows any citizen to file a complaint to initiate impeachment against Supreme Court magistrates.
According to him, this responsibility falls solely to the head of the (Attorney General’s Office), currently in charge of .
The STF minister said that the Impeachment Law rule encourages complaints motivated by partisan political interests, without rigor and based on political disagreements or interpretative differences of the court’s decisions.
“The head of the Union, as an inspector (CF, art. 127, caput) of the legal order, has the capacity to assess, from a strictly legal perspective, the existence of concrete elements that justify the initiation of an impeachment procedure”, stated Gilmar.
In recent years, parties have discussed the possibility of forming a composition in the Senate in 2026 that would allow the impeachment of STF ministers. The main defenders are allies of the former president (), convicted and imprisoned in the coup plot process.
Gilmar Mendes’ decision will still be taken to the Supreme Court plenary.
The injunction was issued based on ADPFs (Arguments of Non-Compliance with Fundamental Precepts) 1259 and 1260, presented by the party and the AMB (Association of Brazilian Magistrates).
As shown by SheetSolidariedade, commanded by the deputy (SP), directed Gilmar to the action that proposes greater protection against .
The action was presented in September, when information was already circulating in the Chamber that Paulinho would be the , in an effort for the House to approve only a reduction in sentences, not a total pardon, for those convicted of the attempted coup in the Bolsonaro government.
Paulinho is one of the deputies closest to the Supreme Court ministers.
Under current rules, any citizen can file a complaint against STF ministers. The processes, however, hardly advance in the Senate because they depend exclusively on orders from the president of the House.
