The Supreme Court judges of Justice (SCJ), the highest authority of the judicial system, have a age limit to be able to perform their position that the representatives of the other powers of the State do not have.
These magistrates and his colleagues from Constitutional Court (TC) must retire and cannot be appointed to the position after completing the 75 years of age, a condition that does not apply to the positions of deputies, senators, president and vice president of the Republic.
Also the members of the Public Ministry They cease their duties upon fulfilling 75 years.
the same Constitution sets it in your article 151: “The retirement age mandatory for Supreme Court judges of Justice is seventy-five years old. For other judges, officials and employees of the Judicial Branch, it will be established in accordance with the law that governs the matter.”
The possibility of eliminating this restriction has been the subject of extensive debate in the legal and political sphere. The president of the Institutionality and Justice Foundation (Finjus), Servio Tulio Castaños Guzmándoes not rule out that in the future the adoption of a system similar to that of USAwhere the supreme judges are for life.
He jurist favors, however, the current regime and considers it reasonable, taking into account the public interest legitimate aspect of the judicial function. For him, the judges of the SCJ have a clear and neutral substitution mechanism, which allows them to guarantee both the judicial independence like the institutional renewal.
“He age limit does not violate the principle of equality, but is configured as a constitutional tool intended to balance the stability of the judiciary with the need to maintain a functionally renewed judicial system,” argues Castaños Guzmán.
Five years before reaching age limitthose in charge of administering justice enter a period of voluntary retirement. Members of the Supreme Court can do so from the age of 70, those of the Peace Court at 60, those of the first instance at 65, and those of the courts of appeal at 70.
- The magistrates of the SCJ are appointed by the National Council of the Judiciary (CNM) for a period of seven years that can be renewed only once.
Last week, the CNMalso in charge of evaluating the members of the high courts, decided not ratifying three judges who served their first term, the same fate that could befall the president of the SCJLuis Henry Molina, and eight other colleagues who will complete their first cycle in April 2026.
Jorge Subero Isaformer president of the SCJ, does not oppose to the limit of 75 yearsalthough he believes that this limit no longer makes much sense taking into account the growing life expectancy.
“I think the retirement age can be expanded. Today a person’s chance of life is far above that. I am 78 years old and I feel completely physical ability and mental for any activity,” he says.
Subero Isa is more interested in establishing a minimum age 45 years old and at least 20 years of experience to be part of the Supreme. He also advocates the elimination of evaluations every seven years.
“It was a big mistake by the Constitution because the assessment becomes an element that really threatens the very stability of the judges and discourages judicial career“, he indicates.
Other models
He dominican model It is shared by countries like Brazil and Argentinawhere a maximum age of 75 years.
In USAthe federal judges They can only leave office through death, resignation, voluntary retirement, or removal through impeachment. This system was designed to protect their independence and avoid political pressure in the exercise of their functions.
Mexico reformed its justice system in 2023 to make Supreme Court ministers elected by popular vote for a period of 12 years, without age limits.
State employees can work up to a maximum of 60 years, as provided by the Retirement and Pension Law. Some positions have the benefit that they can be retired with a minimum amount of time in practice, regardless of their age, but retirement will be automatic upon completion of more than 30 years and up to 35 years of service, and 60 years of age, or upon completion of more than 35 years of service, regardless of age.
Military and police officers can decide to leave after 25 years of service.
Teachers can do it at the age of 25 and receive 90% of their salary as a pension. At 30 years old they get 100%. Those who complete 20 years in the classroom receive an 85% pension if they reach 60 years of age.
