The National Congress promulgated today (17) the amendment to the Constitution that raises from 65 to 70 years the maximum age for appointment in higher courts. The amendment passed the Senate last week, and had already passed the House. The presidents of the Federal Supreme Court (STF), Luiz Fux, and of the Superior Court of Justice (STJ), Humberto Martins, participated in the solemn session of Congress in which the amendment was enacted.
The change affects those nominated to the STF and STJ; federal regional courts (TRFs); to the Superior Labor Court (TST); the Regional Labor Courts (TRTs); to the Federal Court of Accounts (TCU) and to the Superior Military Court (STM) – in this case, in relation to civilian nominees.
For the president of Congress, Senator Rodrigo Pacheco (PSD-MG), the amendment enacted this Tuesday helps the functioning of the national judiciary. “The constitutional amendment that we are now enacting is of great importance for the functioning of the Judiciary and the Federal Court of Auditors and for the good quality of judicial provision.” According to Pacheco, the amendment allows the access of a greater number of experienced jurists endowed with vast knowledge to the federal courts and the superior courts of Justice.
The proposal of 70 years as the maximum age for appointing magistrates is an adjustment to Constitutional Amendment 88, which, since 2015, changed the mandatory retirement age limit for ministers of the STF, higher courts and TCU. The original text of the Constitution provided for compulsory retirement from public service at age 70, as well as a maximum age of 65 years for the choice of ministers of the TCU, STF, STJ, TST and judges of the federal regional courts.
In a speech, Fux praised the performance of Congress, in what he called proof of the harmony between the Powers. “This moment is a concrete proof of the harmony and independence between the Powers of the Republic. And this is how a true democracy is built; this is how a great nation is built. Thank you very much, National Congress, for this proof of dedication and attention to the career of the judiciary. There is no democracy, order or peace without a strong and independent judiciary,” he said.
