The CCJ (Commission for Constitution, Justice and Citizenship) approved this Wednesday (8) a PEC (proposed amendment to ) that determines the end of compulsory retirement as a punishment for judges, judges and members of those who commit crimes.
The PEC was authored by the then senator, who is now minister of . The proposal was approved in a symbolic vote, without counting votes, and now goes to the plenary.
The text, reported by the senator (PSD-MA), accepted amendments that establish that the magistrate will undergo a civil action, to judge the alleged infraction and determine dismissal. During this period of the action, which will have a period of up to 30 days to be proposed, the employee will be removed from his position and his remuneration will be suspended.
The original text also required military personnel who committed infractions to be dismissed. However, after highlighting an amendment by Senator Hamilton Mourão (Republicanos-RS), members of the Armed Forces were left out of the proposal.
Today, compulsory retirement is the most common maximum punishment applied to members of Power who commit infractions. Dismissal can also occur, but only after a final court decision — generally, referring to a common crime. This is because magistrates and members of the Public Ministry have the right to life tenure, acquired after two years of service.
Upon retirement, these members of Power are entitled to receive a salary proportional to the period in which they served. , judges who suffer from this punishment receive, on average, R$54,441. result in dismissal.
According to the PEC’s justification, this punishment is a deviation from the purpose of retirement.
“Retirement, therefore, assumes the character of a sanction, which corresponds to the misuse of the purpose of this type of social security benefit that aims to ensure decent living conditions for workers when it is no longer possible to carry out work activities.”
One of the category’s concerns was the insertion of text that would make it possible to end the lifetime guarantee for these employees. The topic also had repercussions among associations of judges, judges and members of the MP, who tried to stop the progress of the proposal.
The ANPR (National Association of Public Prosecutors) stated, in a public note, that suggestions for addendums to the proposal could advance “on the core of the constitutional guarantee of the lifetime of members of the judiciary”.
On Tuesday (7), entities in the category were at the CCJ to take a stance against the end of compulsory retirement.
The text was debated by rapporteur Eliziane Gama and senator Sergio Moro (PL-PR). In the last session, in March, Moro had requested a view to evaluate the matter.
At the STF, Minister Flávio Dino also took the decision to end compulsory retirement as a punishment for magistrates. of the minister at the end of March.
In theory, the determination in which he issued the order, . But Dino’s order could set a precedent for other bodies, ceasing to apply this type of punishment. As it did not pass the plenary, the decision is less robust.
