In 2019, the Brazilian Congress enacted a constitutional change that removed the provision allowing mandatory retirement as a form of punishment for judges found guilty of disciplinary violations. This change is significant as it has implications for how the judiciary addresses misconduct among its members and the associated penalties that can be enforced. The change was highlighted by Supreme Court Minister Flávio Dino, who emphasized the need to update how penalties are applied within the judiciary as a result of the new pension reform and the alterations made in the retirement models for public and private sectors.

The previous rule allowed for the mandatory retirement of judges 'in the interest of public welfare', requiring a decision from a majority of their tribunal or the National Justice Council (CNJ) following a disciplinary process that guaranteed the judge's right to adequate defense. This served as a bilateral form of accountability, ensuring that judges could be removed from their positions if found guilty of serious misconduct while still receiving their retirement benefits. The removal of this provision shifts the accountability mechanisms within the judiciary, raising questions about how serious violations will now be addressed.

The modification signifies a broader trend in Brazilian legal reforms, emphasizing a need for a more flexible approach in managing judicial misconduct while balancing the rights of judges. It underscores the ongoing conversation regarding the independence of judiciary members and how disciplinary actions can coexist with the rule of law in a democratic society. The G1 news outlet elaborates on these changes, providing insights into their consequences and the evolving landscape of governance in Brazil's judicial system.