This Monday (16), the minister of the Federal Supreme Court, Flávio Dino, decided to overturn the compulsory retirement for magistrates who commit serious disciplinary infractions, which can now lead to the loss of their position. The decision applies to judges in all courts, except the STF.
The measure was criticized for removing magistrates from their duties, but maintaining their monthly remuneration in accordance with their period of service. Now, they must be sanctioned with loss of position and will not receive their salary.
Dino’s action was taken in a specific case and has immediate effect for the case analyzed, but the judge proposed that the STF establish a general thesis on the topic. For him, Constitutional Amendment 103, of 2019 (Pension Reform), eliminated the possibility of disciplinary retirement by restricting the criteria for granting the benefit to age and contribution time.
