The First Panel of the (Supreme Federal Court) maintained this Tuesday (26) the minister’s understanding of the end of paid leave and for serious infractions by judges to be punished with the loss of their position.
The board was unanimous in this sense. According to the vote of the rapporteur, accompanied by Alexandre de Moraes, Cristiano Zanin and Cármen Lúcia, punishment with continued receipts would mean impunity.
“The compulsory retirement, materialized in the paid inactivity of the magistrate who commits an infraction, was an exception to the rule of administrative morality and the rule of loss of office. However, with the promulgation of Constitutional Amendment No. 103/2019, compulsory retirement with a punitive nature no longer exists in the constitutional system,” said Dino.
The social security contribution paid by the civil servant is not a guaranteed right to a relationship between the contribution and any future social security benefit, the rapporteur also stated in his vote.
“For this reason, the fact that magistrates, as well as other public servants, have suffered deductions in their income to pay for contributions to the social security system, does not prevent the application of a penalty of loss of position or even revocation of retirement. Punishment without any financial repercussion favors impunity”, he stated.
According to the decision, if the loss of the position is approved by the CNJ (National Council of Justice), the action must be filed directly with the STF by the AGU (Attorney General of the Union). If the administrative conclusion for the loss of the magistrate’s position comes from a court, the process must be sent to the CNJ, followed by the subsequent procedure before the STF.
Dino’s decision in the case had been issued on March 16.
Dino also officiated the minister, who presides over the Supreme Court and also the CNJ, “to — if deemed appropriate — review the system of disciplinary responsibility within the scope of the Judiciary” and replace compulsory retirement “with effective instruments for the loss of the position of magistrates who commit serious crimes and infractions”.
The president of the court and the CNJ has already contacted the national inspector of justice, minister Mauro Campbell, to define the steps taken by the council to comply with the decision. The National Justice Inspectorate is the body responsible for guiding, coordinating and executing the correctional activities of the courts.
Interlocutors Fachin assessed that the decision is in line with other decisions that had been made since 2019 and was, therefore, already a topic under debate.
The action’s rapporteur gave the decision individually in an action that analyzes the removal of a judge from the District of Mangaratiba (RJ), who sued the Supreme Court to annul the CNJ’s decision that resulted in his compulsory retirement.
