Senators want law to unblock impeachment of STF ministers

An individual decision of Minister Gilmar Mendes of Supremo Tribunal Federal (STF), issued in December 2025, altered the traditional rules of the rite of impeachment against members of the Court itself. The injunction prohibited the preventive removal of the magistrate during the trial and raised the quorum necessary for the advancement of the complaint. In response, senators articulate a change in the law to unlock the impeachment of ministers of the STF.

Before the decision, the simple majority of the senators present was enough for the process to continue and the minister to be dismissed. With Gilmar’s injunction, the two-thirds of the entire Senate (54 MPs) were required to vote in the initial phase, the same rigor required for the final conviction. The change, in practice, hinders the progress of any request for impeachment against ministers of the Supreme Court.

Understand the injunction of Gilmar Mendes

The monocratic decision of Gilmar Mendes changed two central points of the rite. First, it prohibited the preventive dismissal of the magistrate during the process, that is, the minister investigated remains in office until the final judgment. Second, it raised the quorum for receiving the plaintiff’s complaint to two-thirds of the Senate.

This slows down the process and requires a much greater political consensus at the outset. The measure has not yet been confirmed by the plenary of the STF, which opens space for legal and political questions. Meanwhile, senators are looking for alternatives to reverse the practical effects of the injunction.

Alternatives under discussion in the Senate

One of the alternatives advocated is the passing of a new law that modernizes the rules of 1950, but preserves the rite of expulsion by simple majority, annulling in practice the effects of the injunction. The legislative proposal would be a direct response to the decision of Gilmar Mendes.

Another alternative advocated by House jurists is the direct application of the current Impeachment Act, ignoring Gilmar’s monocratic decision, since it has not yet been confirmed by the plenary of STF. In this case, the Senate would follow the traditional rite, with immediate dismissal by simple majority.

Proposal sets time limit for analysis

The text under discussion establishes that if the Senate accepts the denunciation against a minister, the dismissal from office must be immediate and decided by simple majority. The idea is to resume the understanding before the injunction, returning to the Senate the prerogative to remove ministers based on the will of the majority of those present.

In addition, the proposal creates mechanisms to prevent the 'envelopment' of requests: the president of the Senate would have 30 days to analyze complaints. This deadline aims to speed up the process and prevent impeachment requests from standing indefinitely in the drawer of the House presidency.

What advocates of change say

For the defenders of the new law, the injunction of Gilmar Mendes represented an undue interference of the Judiciary in the powers of the Legislative. They argue that the Senate has the constitutional prerogative to prosecute and judge ministers of the STF, and that the rules of the rite should be defined by law, not by monocratic decision.

In addition, they point out that the requirement of two-thirds at the beginning of the process prevents any impeachment, since it is the same quorum required for the final conviction. This, in practice, would create excessive shielding for the ministers of the Supreme Court.

Next Steps in Congress

The articulation in the Senate is still in the initial phase, and there is no set date for the formal presentation of the project. The source did not detail which senators lead the initiative, but the movement occurs in a context of tension between the Powers.

While the proposal does not advance, the injunction of Gilmar Mendes remains valid, and any impeachment request against minister of STF will have to follow the new rules. The legal and political impasse is expected to continue to mobilize Congress in the coming weeks.

The Boca no Trombone Portal will track the unfolding of this joint and will bring new information as it becomes available. Continue browsing the site for more news about national politics and the Supremo Tribunal Federal.

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