STF gives progress the action that questions impeachment of ministers of the Senate Court

Minister Gilmar Mendes of the Federal Supreme Court (STF) determined on Wednesday (17) that the National Congress and the Presidency of the Republic provide clarification on the rite provided for by law for processes of impeachment against court members. The request occurs in the context of the analysis of two actions that question the constitutionality of excerpts from the norm.

The measure was taken in the context of actions presented by the Association of Brazilian Magistrates (AMB) and the Solidarity Party. The actions point to incompatibilities between the impeachment law and the 1988 Constitution, especially with regard to the processing of processes against ministers of the Supreme.

In the same order, Gilmar also opened a five-day period for the Attorney General’s Office (PGR) and the Union Attorney General (AGU) to comment on the subject, upon receipt of the requested information.

The authority entities of the actions maintain that the text of Law 1.079/50 establishes a lower admissibility quorum than required for the approval of nominations to the Supreme Court, which, according to them, compromises guarantees such as the vitality of the magistrates. Solidarity also argues that only the Attorney General could submit a complaint against ministers of the Court, given the nature of the function.

In addition, the party calls for the Supreme interpretation in accordance with the Constitution to prevent judicial acts from being used as a basis for opening impeachment process. AMB requests that the Supreme Court removes any reading that allows the precautionary removal of ministers.

The presentation of the two actions occurs in a moment of intensification between the powers, with the opposition aiming at the 2026 elections as an opportunity to expand its bench in the Senate and, thus, to make the opening of processes against members of the Supreme.

The legal offensive occurs amid the attempt to oppose Senate President David Alcolumbre, to guide requests for impeachment – especially against Minister Alexandre de Moraes. More than 30 requests have already been filed, and a website has been resurrected to monitor the senators’ position on the subject. Although the number of parliamentarians favorable to the opening of the process is growing, there are still not enough votes to approve it. The opposition bet is that the two -thirds renewal of the Senate in 2026 can change this scenario.