The is a defense for the judge himself. This is what Maria Garcia, 93, a professor of constitutional law and free professor at PUC-SP, completes seven decades of legal practice and 50 years in the classroom in 2026.
teaches three subjects this semester and celebrates that the number of women in law courses has increased compared to the 1950s, when she was a student at USP (University of São Paulo) and had only “four or five colleagues”.
A retired attorney, Garcia says she “stands with the minister” of the (Supreme Federal Court) in relation to the decisions that were made, later confirmed by the court’s plenary.
Member of the USP Ethics Council, he also taught bioethics and biolaw, areas that deal with dilemmas surrounding topics such as euthanasia and cloning.
Anti-abortion and defender of the monarchy, she says she chose constitutional law because of its relationship with the political dimension of citizenship and driven by the repression of the military dictatorship. “A is the citizen’s Bible”, says the teacher.
What is your opinion on the need for a code of ethics for the STF?
A code of ethics is very good. Cases that do not occur commonly would be described. For example, the judge cannot participate in a trial in which the family member is interested. Simple thing. The code is a defense for the judge, it is not a problem. A general code of ethics is better than analyzing case by case. Because suddenly you fall into temptation.
Minister Dino is running a campaign now. A judge who is declared unethical is compulsorily retired. The judge acted badly, lost his position and continues to receive his salary. It’s not ethical.
In relation to another decision by Minister Dino, also confirmed in plenary, regarding the , what is your assessment?
Ah, I’m with Minister Dino. I’m a retired prosecutor, I loved my profession. When I completed the time, it took me another three years to retire. I don’t look favorably on this issue of pendants. An ordinary worker is uncomfortable.
Do you think that part of a possible crisis in the legitimacy of the State is related to super salaries?
Yes. Legitimacy is acceptance. The general population is prejudiced against public servants because they know about these facilities. There are certain departments that really think you have to have certain perks. As we are all workers, we have to be equal.
If the elections were held today, who would you vote for?
For the candidates that are there, I wouldn’t vote. I say it frankly. In the last election, I voted for President Lula (PT), because it was one or the other. Now, there should be more candidates, more plans for Brazil.
Going back to the 50s, when Mrs. I was in graduate school. Do you remember, more or less, what the proportion of men and women in your class was?
In my class, at the time, there were very few women. About four or five colleagues. Today, the number is very large. It’s a beauty. They even match the number of boys, which is a very good sign. Through study, you free yourself from material or moral misery.
What was the beginning of teaching like?
I heard that at PUC there was a great public law course. I signed up for [Franco] Montoro (1916-99), who was governor of São Paulo and was an excellent teacher. It was on Saturday mornings. We became great friends. Afterwards, I went on to do my master’s and doctorate, and Celso Ribeiro Bastos was my advisor. He invited me to be his assistant. I have remained at university to this day.
How was this choice for constitutional law?
Constitutional law is that of political rights, of the citizen who exercises his citizenship. I was conquered. In my youth, we went through the military dictatorship. When I started teaching, I was afraid, because I talked about freedom, equality, security. Sometimes the students could bring it to the attention of the police. At that time it was a terrible thing.
I even had a client who was arrested by the dictatorship. I tried to get the person out of there and I was scared. The way they treated us, you know? But I managed to date the person there.
And bioethics?
I was invited to work in the legal department at Hospital das Clínicas. Then, I joined the Ethics Committee and fell in love with bioethics and biodirection.
Law has its own markings for the beginning and end of life. In the case of abortion, for example, where should this marking be?
Abortion is a very personal issue, but it must be studied. There is the theory that a person is alive, in charge of their body and can do whatever they want. But there is the theory that we didn’t create life, so we can’t take it away. So don’t get into that situation [da gravidez]because, if it arrives, you have to endure it. And, in this case, the State has to come to the rescue.
I am very afraid of “isms” and “ists”, which denote extremism. We are born with sexual pleasure. Therefore, he is neither ugly nor beautiful, he is natural. But like all pleasure, including eating, it has to be exercised well. We don’t eat just anything, right? It’s the same care with the sexual act.
A Mrs. Do you think that the current legislation on abortion, which allows in the case of sexual violence, anencephalic fetuses and risk of death for the pregnant woman, is well placed?
Even sexual violence, will the baby, who is pure, pay? Now, when the baby is unviable, then it is better for the woman. It’s very sad, a situation of great pain, great unhappiness. […] Apart from this issue, I am against abortion, I am pro-life.
In the case of someone who does not exactly identify with religion, like Mrs. evaluate this argument?
At this point, I adopt a great Brazilian jurist: . He says that life is a process that begins with a fertilized egg, evolves, transforms, until life becomes death. Everything that interferes with this process is contrary to life.
What subjects does Mrs. minister today?
Fundamentals of public law, on Wednesdays, and constitutional law 1 and 3, on Thursdays. There are five mandatory constitutional law subjects at PUC. I really like history. Do you know that I am a monarchist? Like England, which is a great country. Because the monarchy preserves traditions. In the Republic, each government is different. During the proclamation, only Marshal Deodoro’s army went on a march. No one asked citizens whether or not they wanted regime change.
X-RAY | Maria Garcia, 93
Associate professor and professor at PUC-SP, where she has taught since 1976. She graduated in law from USP in 1956 and then joined the São Paulo State Attorney’s Office. She is coordinator of the Journal of Constitutional and International Law. Founding member of IBDC (Brazilian Institute of Constitutional Law), occupies chair number 45 at the Academia Paulista de Letras Jurídicas. She is single and mother of one child.
