Article Brazil: Constitutional Amendment Increases Maximum Age for Appointment of Justices to Superior Courts

On May 17, 2022, the Brazilian National Congress promulgated Constitutional Amendment No. 122, which amends the Federal Constitution to raise the maximum age for choosing and appointing members of the Supreme Federal Court to 70 years.

In practice, the proposal of 70 years as the maximum age for appointing justices is an adjustment to the terms of Constitutional Amendment No. 88 of May 7, 2015, which changed the age limit for compulsory retirement of ministers of the Supreme Federal Court, superior courts, and the Federal Court of Accounts from 70 to 75 years.

Senator Weverton de Sousa, who drafted the proposed amendment, explained that the original constitutional wording sets the maximum age for entry into the Supreme Federal Court, Superior Court of Justice, Superior Labor Court, Federal Regional Courts, Regional Labor Courts, and Federal Court of Accounts at 65 years of age. Before Constitutional Amendment No. 88, “in theory, those chosen and appointed at the maximum age limit were guaranteed at least five years of exercising these very relevant institutional functions.” Constitutional Amendment No. 88 came to be regulated by Complementary Law No. 152 of December 3, 2015, which established the compulsory retirement at age 75, with proportional earnings, for members of the judiciary.

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Brazil: Constitutional Amendment Increases Maximum Age for Appointment of Justices to Superior Courts
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Chicago citation style:

Brazil: Constitutional Amendment Increases Maximum Age for Appointment of Justices to Superior Courts. 2022. Web Page. https://www.loc.gov/item/global-legal-monitor/2022-06-08/brazil-constitutional-amendment-increases-maximum-age-for-appointment-of-justices-to-superior-courts/.

APA citation style:

(2022) Brazil: Constitutional Amendment Increases Maximum Age for Appointment of Justices to Superior Courts. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2022-06-08/brazil-constitutional-amendment-increases-maximum-age-for-appointment-of-justices-to-superior-courts/.

MLA citation style:

Brazil: Constitutional Amendment Increases Maximum Age for Appointment of Justices to Superior Courts. 2022. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2022-06-08/brazil-constitutional-amendment-increases-maximum-age-for-appointment-of-justices-to-superior-courts/>.

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