Brazilian Vice President Alckmin Calls for Fixed Terms, Ethics Code for Supreme Court Justices

Brazilian Vice President Geraldo Alckmin publicly defended the creation of term limits and a formal code of ethics for the ministers of the Supreme Federal Court (STF), a proposal that would require a major constitutional change and fundamentally alter the balance of power between Brazil’s judiciary and legislative branches. Mr. Alckmin, a former four-term governor of São Paulo and a high-ranking member of the executive branch, argued that “nothing should be lifelong” (vitaliciedade) and that the government intends to work toward a new judicial reform package, saying most nations set terms of 10 or 12 years for their highest court judges.

The proposal directly challenges the current system, where the 11 justices of the STF are appointed by the President and confirmed by the Senate to serve until the mandatory retirement age of 75. This effectively grants them tenure for life, and the court serves as the country’s highest judicial authority and constitutional court, with its rulings on constitutional matters being final and unappealable. Critics of the current model often cite this "lifelong" tenure as a central factor in the perceived politicization of the court, arguing that the lack of periodic accountability or rotation concentrates too much power in the hands of a few unelected officials.

The STF, or Supremo Tribunal Federal, has been at the center of intense political and legal battles in recent years, often ruling on high-profile corruption investigations, political corruption cases, and challenging presidential decrees. The court’s heightened profile and decisive role in policy have fueled a long-running, if often stalled, debate in the National Congress over judicial accountability, making Mr. Alckmin’s endorsement a significant signal that the executive branch is throwing its political weight behind the issue. The Vice President framed the need for change by referencing international norms, saying, “In the entire world it’s either 10 years or 12 years, but you have to have a term”.

Any change to the current appointment and tenure system is complex, as it is protected by the Federal Constitution and would therefore require a three-fifths majority vote in both houses of Congress. This process, known as a Proposed Constitutional Amendment (PEC), is arduous and often years in the making. Mr. Alckmin’s comments confirm that judicial reform, centered on ending permanent tenure for ministers, will be a central theme in the political debate ahead, setting up a likely confrontation between the legislative branch, which largely favors such limits, and the judiciary itself, which traditionally defends its institutional autonomy. The next key step will be for the government to formalize a specific proposal to send to Congress, an action that will draw the battle lines for what is expected to be a contentious debate over judicial power.