São Paulo Bar Association Proposes 12-Year Term Limits and a Minimum Age of 50 for Brazil’s Supreme Court Justices
Brazil · Justice
The lawyers’ group also wants to strip most politicians of the special court privilege that keeps their criminal cases inside the top court.
São Paulo’s powerful bar association has laid out a sweeping plan to reshape Brazil’s Supreme Court. It wants justices to serve a single 12-year term and to be at least 50 years old when appointed.
What OAB-SP Is Actually Proposing
The São Paulo section of Brazil’s bar association, known as OAB-SP. Delivered a 77-page reform package to the court on Friday, August 15, 2026.
It is a formal set of legal texts, not just a wish list. At its core sit five proposed constitutional amendments, plus draft bills and a suggested resolution.
So this is a detailed legislative blueprint, meant for both Congress and the justices.
A 12-Year Term Instead of a Job for Life
Today a justice serves until mandatory retirement at age 75, with no fixed term. That can mean decades on the bench for someone appointed young.
Instead, the plan proposes a single, non-renewable 12-year mandate. Because terms would end on a clock rather than a birthday, the court would refresh itself more predictably.
Why the Minimum Age Would Jump to 50
The rules currently let someone as young as 35 reach the highest courts. The bar group argues that is too green for such power.
As a result, it wants the floor raised to 50 years old. The idea is to bring more seasoned judges and lawyers to the bench.
And to pair the age with the new term limit.
The Fight Over Foro Privilegiado
Brazil has a rule called foro privilegiado, or privileged forum. It sends criminal cases against many top officials straight to the highest courts, skipping the normal lower courts.
OAB-SP says this warps the mission of the top courts. Therefore, it wants deputies, senators and governors judged instead by regional federal courts, known as TRFs.
How the Plan Would Change Brazil’s Supreme Court
The package tries to make appointments more open and the bench less crowded with politics. For example, it adds a public hearing before the Senate’s confirmation session.
It also proposes a formal code of conduct for justices, with a path to file and investigate complaints. In short, more scrutiny going in, and clearer rules once inside.
Who Is Behind the Push
The drive is led by Leonardo Sica, president of OAB-SP. He created a study commission on judicial reform back on June 23, 2025, and gave it a year to deliver.
That commission drew in heavyweight jurists to draft the texts. Its work now heads to the National Congress and to the bar’s national council for the next steps.
The Tension With the Court
The proposal lands amid a long-running strain between critics and the justices. Many argue the court has drifted into acting like a giant criminal tribunal for politicians.
The bar group frames its plan as an institutional fix, not a personal attack. Still, it arrives as figures like Justice Alexandre de Moraes sit at the center of Brazil’s hottest legal battles.
What Happens Next
None of this becomes law on its own. A constitutional amendment needs three-fifths approval in both houses of Congress, across two rounds of voting.
So the real test moves to Brasília’s lawmakers, who have long hesitated to confront the court. Meanwhile, the justices themselves have received the document and can weigh in.
Why It Matters for People Watching Brazil
Brazil’s Supreme Court shapes daily life far beyond legal circles. It rules on elections, taxes, land rights and the fate of powerful politicians.
For everyday Brazilians and outside investors alike, its stability is a big deal. Any change to how justices are chosen, and for how long, ripples across the whole system.
Frequently Asked Questions
What did OAB-SP actually propose for the Supreme Court?
The São Paulo bar association proposed a fixed 12-year term for justices, a minimum appointment age of 50. And a sharp cut to the special court privilege enjoyed by politicians.
How are Brazil’s justices appointed today?
The president nominates a justice, and the Senate confirms them after a hearing. Nominees must be at least 35, and they serve until mandatory retirement at age 75, with no fixed term.
What is foro privilegiado?
It is a rule that sends criminal cases against certain officials directly to the highest courts, bypassing lower ones. OAB-SP wants deputies, senators and governors handled by regional federal courts instead.
Is this now law?
No. It is a formal proposal, not a binding change. A constitutional amendment must pass both houses of Congress by a three-fifths majority in two rounds before anything takes effect.
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