Gilmar Mendes restricts Sindmagis from collecting fees from non-member judges

Supreme Court Justice Gilmar Mendes has ruled that the Union of Magistrates of Brazil (Sindmagis) is prohibited from collecting union contributions from judges who have not expressly joined the entity. The decision comes ahead of an extraordinary general assembly scheduled for September 5, where the union intends to discuss an “ethical agenda” regarding the Supreme Court, including potential restrictions on justices participating in events sponsored by economic groups.

Mendes expressed “serious doubts regarding the compatibility of the constitutional regime of the magistracy with the representation of the category through unions.” He noted that while the ruling does not limit the right to free association, he questioned whether collective bargaining rules—which allow for mandatory contributions for non-members in other sectors—apply to judges, whose remuneration and rights are defined by law.

The legal challenge was brought by the Brazilian Association of Magistrates (AMB) and other representative entities. They argue that because judges are political agents and part of a state power, they are subject to a specific constitutional regime that distinguishes them from standard workers.