Chamber Justice Committee Clears Amendment to End Compulsory Retirement for Judges

Overview

• The CCJ of the Chamber of Deputies approved the admissibility of the Senate-origin PEC on Wednesday, July 8, sending the text to a special committee for merit review before two plenary votes that each require a three-fifths majority.
• The PEC removes aposentadoria compulsória as a disciplinary sanction while preserving vitaliciedade by requiring a judicial decision with trânsito em julgado for permanent loss of office.
• The proposal sets a step-by-step procedure: a two-thirds tribunal or CNJ vote to recommend loss of office, a 30-day deadline to refer the case to the Ministério Público, a 90-day window for the MP to sue, and temporary afastamento with proportional pay during the judicial process.
• Relator Helder Salomão rejected three apensadas that would have allowed administrative dismissal, argued compulsory retirement functioned as a 'prize' not a punishment, and defended the change as protecting judicial guarantees while enabling accountability.
• Data from the CNJ show 126 compulsory retirements since 2006 and high-profile cases such as Marcelo Bretas in 2025 that fuel the debate; if the PEC passes the special committee and two plenary rounds it could reshape how magistrates and prosecutors are disciplined and how suspensions affect their pay and careers.