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Brazil: Constitutional Amendment Passed Increasing Justices

(May 12, 2015) On May 6, 2015, the Brazilian Chamber of Deputies approved a constitutional amendment that increases the age of compulsory retirement of the members of the Federal Supreme Court (Supremo Tribunal Federal, STF), the Audit Tribunal of the Union (Tribunal de Contas da União, TCU), and all other superior tribunals. After the amendment, judges of the superior courts will be able to work until they are 75 years of age, which represents an increase of five years compared with the previous limit. (Aécio Amado, Câmara Aprova em Segundo Turno Texto-Base da PEC da Bengala, AGÊNCIA BRASIL (May 5, 2015).)

With the amendment, five Ministers of the STF who were supposed to enter into mandatory retirement in the coming years will continue to work for additional time, until they reach the new retirement age. (Id.)

Because the amendment had been previously discussed and approved by the Senate and by the Chamber of Deputies, it will be immediately published. In effect, the amendment most likely removes any opportunity for the current Brazilian President, Dilma Roussef, to nominate, during her second and last term, five new members to the highest court in the country. (Aécio Amado, Câmara Finaliza Votação da PEC da Bengala e Texto Vai à Promulgação, AGÊNCIA BRASIL (May 5, 2015).)