Brazilian Chamber Approves Constitutional Amendment to End Compulsory Judicial Retirement

The Constitution and Justice Commission (CCJ) of Brazil's Chamber of Deputies approved the text of Constitutional Amendment Proposal (PEC) 291/13, which eliminates compulsory retirement of judges as a punitive measure. Under the proposal, removal or placement of a magistrate on availability would remain the responsibility of the National Justice Council (CNJ). The amendment introduces a suspension of up to 90 days and a period of availability of up to two years, instead of retirement. It also requires that, at the end of any administrative disciplinary process, the Public Prosecutor’s Office be notified within 30 days and that the judge remain on leave with proportional salary until a final judgment. If the case is dismissed or the judicial decision is ultimately non‑affirmative, the judge returns to duty with back‑pay for the difference in remuneration. After CCJ approval, the text will proceed to a special committee before reaching the plenary for a vote.