The (Attorney General’s Office) appealed this Monday (30) the decision of the minister, of the (Supreme Federal Court), for the end of judges as punishment.
A procedural appeal was filed by the Federal Public Ministry and, subsequently, the rapporteur gave 15 days for the parties to comment on the matter. The process is being carried out under judicial secrecy.
In the document, the PGR was in favor of Dino’s decision regarding the specific case, but not regarding the end of this type of administrative punishment. The action was presented to the STF in 2024 by a judge from Rio de Janeiro removed by the (National Council of Justice).
The piece is signed by deputy attorney Elizeta Ramos.
Dino stated that, since the approval of the law in 2019, there is no longer a constitutional basis for punishing judges with retirement. The measure means that they continue to receive monthly remuneration proportional to their length of service, in cases of serious disciplinary infractions.
On the same day of the decision, on the 16th, the minister, president of the CNJ and the , contacted the national inspector of justice, minister Mauro Campbell, to define the next steps to comply with the decision.
Interlocutors Fachin assessed that it is in line with other individual papers that had been given since 2019 and was, therefore, already a topic under debate.
Dino had instructed Fachin “to — if deemed appropriate — review the system of disciplinary responsibility within the Judiciary” and replace compulsory retirement “with effective instruments for the loss of the position of magistrates who commit serious crimes and infractions.”
A CNJ resolution provides for the disciplinary penalty of compulsory retirement in some situations, such as manifest negligence in carrying out duties and conduct incompatible with dignity, honor and decorum of duties. Since 2006, 126 penalties of this type have been applied, which is the most serious for magistrates, among the administrative ones.
The action’s rapporteur gave the decision 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.
Deputy Attorney Elizeta Ramos took a similar position to Dino regarding the reopening of the CNJ’s analysis of the case.
The judge presented three options: acquit the judge, apply another valid sanction – which does not include compulsory retirement – or order the case to be sent to the (Attorney General of the Union) to propose an action to the STF to lead to the loss of office due to a final and unappealable conviction.
The decision can still be appealed and taken to a collegial committee. CNJ advisors stated, at the time, with reservation, that they are still waiting to find out whether the decision will be applied only to the specific case, whether there will be a different understanding from the Supreme Court plenary or whether there will already be a broad application.
The judge was punished by the Court of Justice of Rio de Janeiro and by the CNJ with censure, compulsory removal and two compulsory retirements for practices such as deliberate procedural delays to favor political groups in the city and the purposeful directing of actions to the court to grant injunctions for the benefit of military police officers.
Dino justified the decision by citing that retirement is a benefit acquired after years of work and, therefore, does not fit as a punishment.
“Retirement is a social security benefit whose purpose is to guarantee workers decent living conditions when it is no longer possible to carry out work activities due to age limits, permanent incapacity for work or due to the combination of criteria of minimum age and contribution time”, states the minister.
