Brazil's CNJ Approves Judge Dismissal as Maximum Penalty, Ending Compulsory Retirement

The National Council of Justice (CNJ) in Brazil has unanimously approved a resolution that eliminates compulsory retirement as the most severe disciplinary penalty for judges. This change means magistrates can now be dismissed from their positions, depending on the severity of the offense. The decision revises the list of penalties applicable to magistrates, introducing dismissal as the ultimate sanction.

The CNJ's updated penalty structure begins with a warning for minor negligence, serving as a formal reprimand. A censure, a more severe sanction, applies to repeat offenses or more serious infractions and can hinder career promotion. Compulsory removal involves mandatory transfer to another judicial district, while availability suspends a judge from duty without severing their connection to the position; they receive proportional pay, face restrictions on other activities, and their career progression halts, with return requiring tribunal or CNJ authorization.

A new, more severe category is 'availability with proposed loss of office.' In such cases, the magistrate is immediately removed from duties and placed on availability, receiving pay proportional to their service time, while a proposal is made to the Supreme Federal Court (STF) for definitive removal. For cases decided by regional tribunals, the CNJ must confirm the measure before it proceeds to the STF. Dismissal, now the highest penalty, still requires adherence to constitutional provisions ensuring lifetime judges due process and a judicial decision for removal.