Brazil’s Senate Front-Runners Back Term Limits for Supreme Court Justices
BRAZIL · SUPREME COURT
Key Facts
- —The country Brazil votes on Sunday 4 October for president, Congress and 54 of the 81 Senate seats. The Senate vets Supreme Court nominees and tries justices in impeachment cases.
- —Why it matters Brazil’s 11 Supreme Court justices serve until compulsory retirement at 75. A single appointment can shape the court for decades.
- —What happened Estadão, a São Paulo newspaper, published a survey on Monday 28 September. Of 89 leading Senate candidates who answered, 81 (91%) back fixed terms for justices; four oppose.
- —Who is involved The right-wing Liberal Party (PL) has the most supporters with 23, ahead of the right-wing Republicanos (8) and President Lula’s Workers’ Party (PT, 7).
- —What it means for you No change is imminent. Fixed terms need a constitutional amendment, but the next Senate looks readier to reshape Brazil’s most powerful court.
- —Still open How long terms would be, whether sitting justices would be covered, and whether any amendment reaches a vote.
Most candidates leading Brazil’s Senate races want to end open-ended tenure on the country’s highest court. Estadão, a São Paulo newspaper, found that 81 of 89 who answered its survey back Supreme Court term limits.
The survey was published on Monday 28 September, six days before the general election. On Sunday 4 October voters fill 54 of the Senate’s 81 seats, and the Senate approves every nominee to the court.
What the survey found
Estadão sent five questions to 133 candidates who lead in polls by the Quaest institute, or by Atlas in Piauí state. It received 92 replies, with between 87 and 92 answers per question, Brasil 247 reported.
Justices now serve until compulsory retirement at 75. Supporters argued that fixed terms would stop one presidential pick from shaping the court for decades, Correio Braziliense reported.
Suggested terms ranged from eight to 20 years, with most answers between ten and 12. Only four candidates opposed the idea.
One of them, Marília Arraes of the centre-left Democratic Labour Party (PDT) in Pernambuco, cited the need for stable case law, according to Brasil 247.
Wider appetite to rein in the court
The same survey found 77 of 88 respondents favour raising the minimum age for appointment, now 35, most often to 45 or 50. Another 76 of 87 want limits on rulings issued by a single justice.
Changing how justices are chosen split opinion more, with 52 of 86 in favour. Most respondents also said they back impeachment proceedings against at least one sitting justice, and only two opposed outright.
The Natal broadcaster 98 FM tied the debate to suspicions over Justice Alexandre de Moraes’s ties to banker Daniel Vorcaro. His Banco Master was placed in liquidation by Brazil’s central bank.
An idea already before Congress
Term limits already sit in Congress as proposed constitutional amendments. One, by Senator Plínio Valério of the centre-right PSDB, sets an eight-year term without reappointment, Correio Braziliense reported.
President Luiz Inácio Lula da Silva said on Sunday that presidents should not pick justices alone. He floated a council of legal bodies and civil society to vet nominees, as Brazil’s Lula Says Presidents Should Not Pick Supreme Court Justices Alone reported.
What Is Not Yet Known
These are stated positions from candidates, not votes. Estadão sorted the replies into categories itself, and 41 of the 133 candidates it contacted did not reply.
It is unclear whether term limits would apply to the justices now sitting. Nor is it known whether any amendment would reach a floor vote once the new Congress takes office in February 2027.
An amendment needs three-fifths of both chambers, in two rounds each. Winning seats is only the first step for its supporters.
Sources: Estadão, 28 September 2026; Correio Braziliense; Brasil 247; 98 FM Natal; Vero Notícias.
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