Currently the maximum age is 65 years; new rules apply to higher courts
The Senate approved this Tuesday (May 10, 2022) a PEC (Proposed Amendment to the Constitution) that raises the age limit for court nominees to 70 years. The current maximum is 65 years. The text has already passed through the Chamber and is on its way to promulgation.
The author of the proposal, deputy Cacá Leão (PP-BA), argued that judges who turn 65 have no prospect of career advancement and retire early.
The text has the support of the President of the Chamber, Arthur Lira (PP-AL), and is of interest to the government. Lira worked for the appointment of the president of the STJ (Superior Court of Justice), Humberto Martins, to the STF (Supreme Federal Court) before Minister André Mendonça was nominated and confirmed for the position. Martins turned 65 in October 2021.
The proposal unifies the maximum age limits for appointing ministers to higher courts. It also determines that the STM (Superior Military Court), which has no limit, will have a maximum age of up to 70 years.
The age of appointment to the other higher courts, currently 65 years old, is also increased by 5 years.
In addition to the STM, were affected by the rule:
- STF (Supreme Federal Court);
- STJ (Superior Court of Justice);
- TRFs (Regional Federal Courts);
- Superior Labor Court;
- Regional Labor Courts; and
- TCU (Union Court of Auditors).
The Rapporteur, Senator Weverton (PDT-MA), did not change the text approved by the deputies.
“The increase proposed by the PEC of the maximum age limit of 70 years for the appointment of civil ministers to the STM is entirely reasonable and presents symmetry with the treatment given to the matter in the other Superior Courts”wrote in his opinion.
Only Psol was against the proposal in the Chamber. In the Senate’s CCJ (Constitution and Justice Commission), the text was approved in a symbolic way, when there is no counting of votes, and without debate.
The senators approved the text in 2 rounds in plenary. In the 1st vote, there were 60 votes in favor and none against. In the 2nd vote, 59 senators said they were in favor and again none were against.
#Congress #raises #limit #court #nominations #years