Senate approves law that toughens punishment for judges.
The text stipulates that, in cases of conviction with final judgment, the judge, prosecutor, or attorney will be punished with the loss of their position; they will then retire under the general INSS (Brazilian Social Security Institute) system, whose current ceiling is R$ 4.159; currently, even if convicted, those holding these positions are entitled to retire with a pension equivalent to the position they held; the bill, authored by Senator Humberto Costa, will now go to the Chamber of Deputies.
247 The Senate unanimously approved, with 64 votes in favor in the first round and 62 in favor in the second round, the Proposed Constitutional Amendment (PEC) that establishes more severe punishments for judges who have committed serious offenses, such as involvement in corruption. Currently, compulsory retirement is the maximum disciplinary punishment for magistrates.
The text stipulates that, in cases of conviction with a final and unappealable judgment in court, the judge, prosecutor, or attorney will be punished with the loss of their position. They will then retire under the general INSS (Brazilian Social Security Institute) system, whose current ceiling is R$ 4.159. Today, even if convicted, those holding these positions are entitled to retire with a pension equivalent to the salary they held.
According to the proposed amendment, as soon as legal action is initiated, the judge or member of the Public Prosecutor's Office is suspended for 90 days. They remain on leave for up to 2 years, during which time they receive a salary proportional to the time worked. Only after a conviction is their regular salary cut off.
The approved text, reported by Senator Blairo Maggi (PR-MT), allows for the dismissal and revocation of retirement benefits for prosecutors and public attorneys based on a decision by the National Council of the Public Prosecutor's Office.
The matter will still be analyzed by the Chamber of Deputies. PEC 53/2011, authored by Senator Humberto Costa (PT-PE), was processed jointly with PEC 75/2011, also by the Pernambuco parliamentarian.
This proposal is part of the priority agenda defined by the Senate President, Renan Calheiros, in June, together with party leaders, as a response to the popular demonstrations.