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Prosecutor General Appeals Dino Ruling That Ends Compulsory Retirement for Judges

The case now heads toward a Supreme Court plenary review to define how severe judicial discipline will work.

Overview

  • Brazil’s Prosecutor General’s Office, which filed an internal appeal on Monday, asks the Supreme Court to revisit the solo ruling and to keep compulsory retirement as a possible sanction.
  • Minister Flávio Dino ruled on March 16 that the 2019 pension reform erased the constitutional basis for paid compulsory retirement and pointed to loss of office as the top penalty.
  • After receiving the appeal, Dino notified the parties for responses within 15 days, and the case proceeds under court secrecy before a likely plenary judgment.
  • Judges’ groups and National Justice Council members warn the change could narrow administrative punishments because firing a judge requires a final court conviction and may take years.
  • The dispute grew out of a Mangaratiba case that found a Rio judge favored local political groups and police officers and freed blocked assets, and it now touches roughly 126 compulsory retirements imposed by the CNJ over about two decades.