05/25/2024 – 14:56
The Proposed Amendment to the Constitution (PEC), authored by senator Plínio Valério (PSDB-AM), which establishes an eight-year term of office for ministers of the Federal Supreme Court (STF), without the right to reappointment, is being processed in the National Congress.
In addition to changing the Court’s composition system in force since the times of the Empire, PEC 16/2019 does not affect the Court’s current ministers and would only apply to future nominees after the proposal was approved in Congress.
Currently, ministers only need to leave office when they turn 75 years of age. Of the 11 acting ministers, three are guaranteed to remain at the court until at least 2042, namely Dias Toffoli, Alexandre de Moares and Flávio Dino.
André Mendonça and Nunes Marques hold the position until 2047 and Cristiano Zanin takes office until 2050. The other five ministers end their period between 2028 and 2033.
The lifetime process begins after the magistrate takes office. Members only leave their role at the Court through retirement. Although in progress, the text that establishes fixed eight-year terms for ministers is the target of criticism by members of the Supreme Court. Minister Gilmar Mendes, on his profile on X (formerly Twitter), questions the presentation of reformist texts on the functionality of the Court.
“The essential question, however, remains unasked: after experiencing an attempted coup d’état, why do supposedly reformist thoughts only address the Supreme Court?”, he wrote.
The animosity between Congress and the Supreme Court has been increasing every year. In November last year, the Senate approved the PEC that limits individual decisions by STF ministers. The text provides that magistrates will be prevented from suspending, through individual decisions, the validity of laws approved by the Legislature.
In this sense, there are two other proposals to create a fixed term of office for ministers being processed by the House’s Constitution and Justice Committee (CCJ). The texts were presented by Angelo Coronel (PSD-BA) and Flavio Arns (PSB-PR) and are being processed by the House’s Constitution and Justice Committee (CCJ).
In the case of Valério’s amendment, it was considered by the president of the CCJ, Davi Alcolumbre (União-AP), in March this year. Senator Tereza Cristina (PP-MS) will be part of the rapporteur.
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