Brazil's CNJ abolishes compulsory retirement, adds loss of office for magistrates
The Conselho Nacional de Justiça (CNJ) approved a resolution that eliminates compulsory retirement as the maximum disciplinary sanction for magistrates. The new regime makes loss of office – implemented through a period of availability with proportional pay – the highest penalty for serious infractions such as sale of sentences, sexual or moral harassment, and corruption. Judges convicted in a Processo Administrativo Disciplinar (PAD) will be placed in availability until a judicial decision determines the loss of the position; full exoneration requires a civil action by the Advocacia‑Geral da União (AGU) before the Supreme Federal Court (STF). The change follows a recent STF ruling that declared compulsory retirement unconstitutional as a punitive measure. Over the past two decades, 126 magistrates had been subjected to compulsory retirement. CNJ president and STF minister Edson Fachin said the reform represents a “significant change” in how the judiciary handles disciplinary matters. During the same session, CNJ corregedor Mauro Campbell Marques defended the measure, calling judges who act as “parasites” in the magistracy “to be removed.” The council also presented a code of conduct proposal aimed at preventing conflicts of interest among magistrates.
Entities: Advocacia‑Geral da União · Advocacia‑Geral da União (AGU) · Brazil · Conselho Nacional de Justiça · Conselho Nacional de Justiça (CNJ) · Conselho Nacional de Previdência Social (CNPS) · Edson Fachin · Instituto Nacional do Seguro Social (INSS) · Mauro Campbell Marques · Ministério da Previdência · Ministério da Previdência Social · Ministério do Planejamento e Orçamento
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 3 SOURCES] Mandatory benefits are projected to rise 8.6% from R$1.074 trillion to R$1.166 trillion. (budget projection)
- [● 3 SOURCES] The proposal includes a 7.7% increase in mandatory expenses for 2027 compared with 2026. (budget proposal details)
- [● 3 SOURCES] Compensation expenses are projected to fall 0.2% from R$7.895 billion to R$7.880 billion. (budget projection)
- [● 3 SOURCES] Total mandatory expenses would increase from R$1.136 trillion to R$1.224 trillion in 2027. (budget projection)
- [● 3 SOURCES] INSS identified a shortfall of R$1.029 billion for 2027, risking inability to cover R$578 million of contracted expenses and other service contracts. (INSS statement)
- [● 3 SOURCES] Discretionary spending is forecast at R$147.754 million for the ministry and R$2.323 billion for INSS. (budget figures)
- [● 3 SOURCES] CNPS approved the Ministry of Previdência's proposal for the 2027 budget on 4 August 2026. (approved proposal)
- [● 3 SOURCES] Judicial‑sentence expenses are projected to decrease 8.1% from R$53.732 billion to R$49.391 billion. (budget projection)
- [● 3 SOURCES] INSS identified a shortfall of R$1.029 billion for 2027, risking inability to meet contracted obligations from November 2027. (INSS assessment)
- [● 3 SOURCES] The proposal calls for a 7.7% increase in mandatory expenses for 2027 compared with 2026. (budget proposal)
- [● 3 SOURCES] Discretionary expenses are forecast at R$147.754 million for the ministry and R$2.323 billion for INSS. (budget forecast)
- [● 14 SOURCES] The reform follows a Supreme Federal Court decision that declared compulsory retirement unconstitutional as a punitive measure. (STF ruling)