This Monday (30), the Attorney General’s Office filed a regulatory appeal against the decision of Minister Flávio Dino, of the Federal Supreme Court (STF), which prohibited the application of compulsory paid retirement as the maximum punishment for magistrates. The appeal is being processed in court secrecy. The PGR understands that the sanction has not been extinguished and wants the case to be submitted to the Court’s plenary.
After receiving the appeal, Dino’s office ordered the parties to be summoned to demonstrate within 15 days.
On March 16, Dino ordered the National Council of Justice (CNJ) to apply , with the consequent cessation of salaries, as the maximum punishment for serious disciplinary infractions.
Compulsory retirement is criticized for being a mild punishment: the magistrate was removed from office, but continued to receive salaries proportional to the length of service. For Dino, in addition to this criticism, the sanction no longer has legal support.
The minister stated that the penalty does not fit “within the current legal system” and maintained that Constitutional Amendment 103, of 2019, when reforming Social Security, revoked its constitutional foundation. The decision applies to judges and ministers of all courts, except the STF.
The appeal, presented by Deputy Attorney General Elizeta Ramos de Paiva, argues that the monocratic decision lacks clarity regarding its practical application by the courts. Judiciary associations and CNJ advisors also questioned the effects of the measure, especially in relation to ongoing processes.
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The concern is that paid availability will become, in practice, the most severe administrative punishment. In this modality, the judge is removed from office and receives salaries proportional to the length of service, without being retired. The immediate effect is similar to that of compulsory retirement.
Loss of office, although foreseen as the maximum sanction, depends on a final court conviction, which is beyond the scope of the administrative process conducted by the CNJ.
In 20 years of operation, the CNJ applied compulsory retirement to 126 judges for serious infractions, such as selling sentences, moral and sexual harassment and granting benefits to members of criminal factions.
