Brazil’s Superior Court of Justice (STJ) is considering whether to impose compulsory retirement on Justice Marco Buzzi if he is found guilty in an administrative case involving allegations of harassment and sexual misconduct, according to single-source reporting by Folha de S.Paulo.
The case has become a test of how the STJ will apply a March ruling by Brazil’s Supreme Federal Court (STF). The Supreme Court barred compulsory retirement as the maximum punishment for judges and replaced it with dismissal from office. STJ members cited by Folha said the ruling clearly applies to the case that the STF itself examined, involving a judge from Mangaratiba in Rio de Janeiro state, but remains less clear in other proceedings.
Buzzi Case Scheduled
The STJ is scheduled to judge Buzzi’s administrative disciplinary proceeding on Thursday, August 6, in a closed session intended to protect the privacy of those involved. Buzzi, who has been removed from his duties since February, denies all the allegations.
The first accusation was made in January by the daughter of a couple who were friends of the justice. She said he grabbed her while she was swimming in the sea off Santa Catarina state. A second accusation came from an outsourced employee, who alleged that harassment occurred over three years in several parts of Buzzi’s chambers, including his office, a storage area, a corridor and a library. Other employees supported the complainant’s account, according to the report.
Buzzi’s defense has requested acquittal. It argues that the accusations are false, that witness testimony contains contradictions and that the allegations lack independent corroborating evidence. The defense has also argued that keeping Buzzi from compulsory retirement—with its continued salary payments—would fail to recognize his years of service to the court.
Dispute Over the Penalty
The Federal Public Prosecution Service (MPF) recommended compulsory retirement. It argued that the STF’s ruling was limited to the parties in the case before it, had no general or binding effect and therefore did not prevent the STJ from applying retirement in Buzzi’s proceeding.
Some STJ justices reportedly believe the issue will eventually reach the STF because Buzzi is expected to appeal any punishment, including a lesser one. They are not counting on the creation of a new seat, however, because the court’s next selection process will fill vacancies left by Antonio Saldanha Palheiro, who retired in April, and Og Fernandes, who will reach the mandatory retirement age of 75 in November.
The National Council of Justice (CNJ), which oversees Brazil’s judiciary, began discussing regulations for the revised disciplinary system on June 23 and was expected to resume the debate on August 4. The council is reportedly considering a middle-ground measure: placing a judge on inactive status while declaring the seat vacant. That would allow the court to fill the position before a final dismissal proceeding, which can take four to five years.
Some judges have also warned that recently retired magistrates could seek to reopen their cases, potentially returning to office and recovering their salaries. The CNJ’s regulation and future STF review may determine whether those concerns become legally actionable.