Created in the 14th century in England as a tool to prevent abuse of power by authorities, the impeachment has gained space in the Brazilian public debate in recent years, amid intense political polarization and questions about decisions taken by judges of the Federal Supreme Court (STF), the highest instance of the National Judiciary.
The process of dismissing a minister in Brazil, as in other countries, is considered an extreme measure and has never occurred.
The Federal Constitution establishes in article 52 that the Senate is the body responsible for judging STF judges in cases of crimes of responsibility – those actions committed by authorities such as ministers, presidents and governors that threaten the functioning of the Powers and that put the country’s security and laws at risk.
This constitutional mechanism is present in many countries around the world, not just in Brazil, functioning in different ways. In most of them, this option has not even been applied to date. Some recent cases in which the measure was evaluated draw attention.
The case of the United States
Earlier this year, President Donald Trump launched a campaign to call for the impeachment of judges after having a deportation order for illegal immigrants suspended by a federal judge.
In the country, Supreme Court magistrates can be removed for “serious crimes and misdemeanors”, which is considered a rare and complex process.
Under the U.S. Constitution, a federal judge can be removed from office only if convicted of “treason, bribery, or other high crimes and misdemeanors.” The process follows a procedure similar to the impeachment of a president and involves a series of steps, each of which is very bureaucratic.
They are: Investigation and denunciation – A member of Congress, usually from the Chamber of Deputies, proposes impeachment based on alleged irregularities committed by the judge. The case undergoes a preliminary analysis in specific committees; Voting in the Chamber – If the complaint is considered valid, the Chamber of Deputies votes on the articles of impeachment. Approved by a simple majority, the process goes to the Senate; Trial in the Senate – The Senate conducts a trial, with senators serving as jurors and hearing witnesses and evidence. For a judge to be removed, a conviction by at least two-thirds of the senators is required; Possible removal from position – If the Senate convicts the judge, he is automatically removed from office and may be banned from holding public office in the future. The president then nominates a new name to fill the vacancy.
Since 1803, only 15 U.S. federal judges have been formally impeached and only 8 have actually been removed from office — most for crimes such as bribery, perjury or ethical misconduct.
Or the case of Chile
In 2024, a group of deputies mobilized to call for the impeachment of Supreme Court judges involved in a corruption and influence peddling scandal that shook the country.
In October of that year, Chile’s Congress dismissed two judges: Sergio Muñoz and Ángela Vivanco. Muñoz was considered one of the most powerful judges on the Chilean Supreme Court and his dismissal was the first of a judge approved by Parliament in 31 years.
In the South American country, parliamentarians have the constitutional power to open a procedure and judge an authority politically. As a result of a possible conviction, she could be removed from office and banned from holding public office for up to five years.
Since the return to democracy in Chile in 1990, the Chamber of Deputies has presented eight constitutional accusations against Supreme Court ministers, which has led to 20 judges from the highest court sitting in the dock.
The case of Argentina
In Argentina, the constitutional mechanism has rules similar to those in the United States and has a crucial role from Congress.
The Chamber of Deputies has the power to accuse those accused of abuses in office and the Senate appears as the judging authority.
To approve the impeachment of the judges of the Argentine Supreme Court, two-thirds of support from deputies (172 out of 257) and senators (48 out of 72) are required.
In 2003, during Néstor Kirchner’s government, magistrate Eduardo Moliné O’Connor was dismissed for poor performance of his public duties.
Two years later, federal judge Juan José Galeano also suffered a impeachment for the illegal payment of US$400,000 to a former defendant in the anti-Semitic attack against the Associação Mutual Israelita Argentina (Amia) in 1994, which caused the death of 86 people.
