Overview
- The CNJ, which presented the relator Ulisses Rabaneda’s draft on Tuesday, June 23, suspended the plenary vote and moved final deliberation to the ordinary session on August 4 to allow changes and consensus building.
- Rabaneda’s proposal would remove aposentadoria compulsória from CNJ rules and substitute disponibilidade with a proposal of loss of office as the highest administrative sanction for grave misconduct.
- The draft creates a mandatory reexame necessário at the CNJ so tribunal or council decisions that propose loss of office are centrally reviewed before any case is sent to the judiciary.
- If the CNJ confirms loss‑of‑office recommendations, the text would require the Advocacia‑Geral da União to file a civil action in the Supremo Tribunal Federal within 30 days to seek final judicial removal, while affected magistrates would be immediately removed from duties and paid proportional benefits until final judgment.
- The proposal would apply to disciplinary cases already in progress and revokes a regimental clause allowing the Public Ministry to bring loss‑of‑office actions, aligning CNJ practice with the STF First Chamber’s May decision grounded in the 2019 pension reform.