The Senate approved this Tuesday (10) the Proposed Amendment to the Constitution (PEC 32/21) that raises the maximum age for appointment in higher courts from 65 to 70 years. There were 60 favorable votes in the first round vote, and 59 in the second round, with no votes against. The proposal goes to promulgation.
The change affects those appointed to the Federal Supreme Court (STF), the Superior Court of Justice (STJ), the Federal Regional Courts (TRFs), the Superior Labor Court (TST), the Regional Labor Courts (TRTs), the Union Accounts (TCU) and the Superior Military Court (STM) – in relation to civilian nominees.
It was a quick vote, without arguments or dissenting lines. The text of the PEC originally did not address the civil ministers of the STM, who today can be appointed over 35 years old, with no maximum age limit. They were included in the PEC while it was being processed in the Chamber.
The proposal of 70 years as the maximum age for appointing magistrates is an adjustment to Constitutional Amendment 88, which, since 2015, has changed the age limit for compulsory retirement of ministers of the STF, higher courts and TCU from 70 to 75 years.
*With information from the Senate Agency