Dino says compulsory retirement "does not punish" magistrates

Minister Flávio Dino, of the STF (Supreme Federal Court), stated this Tuesday (26) that the compulsory retirement applied to magistrates "does not punish" and transfers the cost of the disciplinary sanction to society.

The statement was made during the trial in the First Panel that discusses the validity of compulsory retirement as the maximum punishment for judges after the 2019 Social Security reform.

During the vote, Dino criticized the fact that punished judges continue to receive remuneration proportional to their length of service even after serious infractions.

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"It is a punishment that does not punish. It is a sanction that does not sanction. Who is the punishment for, after all? For the taxpayer. Because the magistrate who killed someone, committed murder, will be supported by the community as long as he lives", he stated.

The minister also stated that there is a "violation of the nature of the punishment" when the disciplinary sanction maintains the payment of amounts to the judge removed from office.

"Who is bearing the burden of his punishment? Society", he said.

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The trial takes place within the scope of an appeal filed by the PGR (Attorney General's Office) against a decision by Dino himself who considered that compulsory retirement as the maximum punishment for magistrates lost its basis after EC (Constitutional Amendment) 103, of the Pension Reform.

In the decision, the minister maintained that the reform removed from the Constitution any reference to punitive compulsory retirement for magistrates, making it unfeasible to maintain the sanction solely based on Loman (Organic Law of the Judiciary).

The PGR, in turn, argues that the reform merely "deconstitutionalized" the issue, without extinguishing the punishment provided for in the complementary legislation.

Source: CNN