AMORIM, L. S.; http://lattes.cnpq.br/5664859768214207; AMORIM, Luan da Silva.
Résumé:
The research starts from the problem of applying the retirement institute
compulsory as a disciplinary measure for infractions committed by magistrates
Brazilians. The initial hypothesis was that the constitutional prerogatives applied to
judges are used as a shield for effective penalization, in addition to
disability that compulsory retirement has as a disciplinary measure.
As for the objectives, the research has the general objective of comparing the institute of
compulsory retirement in Brazil and the United States with the purpose of
understand how the punishment system works between the two countries. As for the
specific objectives, we sought to understand how retirement is applied
compulsory in each country, discuss the consequences that may occur in the case of
impunity of magistrates and assess whether the possible suppression of
compulsory retirement as a disciplinary measure. Regarding the aspects
methodological, the research is characterized as descriptive due to the description of the
characteristics of the functioning of compulsory retirement in Brazil and the States
States, but is also characterized as exploratory because it aims to develop and
clarify new ideas and concepts. As a method of procedure, the
historical-deductive, an opportunity in which he makes a historical analysis of the prerogatives
constitutional rights of magistrates, and also comparative since it makes a parallel between
Brazil and the United States. The research also has a qualitative character, in which it is
observed the exposition of concepts and ideas from various authors. Lifetime is a
of the prerogatives provided for in the text of the 1988 Federal Constitution and provides that the
judge will not lose his position through administrative procedure, but only in the
case of a final court decision. One of the consequences of this
prerogative is exactly the provision in the Organic Law of the Judiciary of
compulsory retirement as a disciplinary measure for judges who commit
any infraction. However, what is questioned is the maintenance of retirement
compulsory as a disciplinary measure provided for in the Organic Law of the Judiciary even
after the 1988 Federal Constitution did not have anything to that effect in its text. From another
plan, in the United States there is no institution of compulsory retirement, or
In other words, the judge can hold office until such time as he is physically and
appropriate intellectuals. In fact, what we have in this country is the application of
impeachment and recall, legal instruments that make it possible to extract the judge from
your profession. Therefore, we come to the conclusion that compulsory retirement as
disciplinary measure was not approved by the Federal Constitution of 1988 and is
It is crucial that a review of this practice is carried out in Brazil so that it is possible
promote justice aligned with society’s desires
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