CNJ eliminates compulsory retirement and creates loss of office

On August 4, 2026, the National Council of Justice approved the abolition of compulsory retirement for judges and the possibility of loss of office as the maximum sanction in cases of serious infractions.

End of compulsory retirement

The new disciplinary resolution eliminates compulsory retirement, which until then was the most severe penalty provided in the National Magistracy Organic Law (Loman).

Loss of office as the maximum punishment

Now, loss of office becomes the maximum punishment, replacing compulsory retirement, for judges convicted in a Disciplinary Administrative Process (PAD).

Availability and dismissal procedure

In case of conviction, the judge may be placed in availability, with salary proportional to length of service. Dismissal, however, can only be ordered by a judicial decision.

STF decision that underpinned the change

The measure follows a decision by the Supreme Federal Court, which ordered the end of compulsory retirement with proportional salaries and conditioned loss of office on the filing of a judicial action by the Attorney General's Office.

Position of the CNJ president

During the session, the CNJ president, Minister Edson Fachin, stated that the measure represents “a significant change in the way this issue is viewed and addressed” and that the problem is being handled “with attention, taking into account the challenges and complexities it presents.”

History of convictions and Loman application

In 20 years, the council convicted 126 judges to compulsory retirement. The CNJ, created in 2005, applies Loman, which defines disciplinary penalties as warning, censure, compulsory removal, availability with proportional salaries, and compulsory retirement with proportional salaries, the most severe punishment. Prior to the STF decision, judges continued receiving monthly salaries after conviction by the CNJ.

With information from Agência Brasil.