PROPOSTA DE EMENDA À CONSTITUIÇÃO (PEC) N° 35, DE 2015:

Alteração na Sistemática de Indicação dos Ministros do Supremo Tribunal Federal (STF) – Comentários ao Texto Inicial e à Emenda nº 5 à PEC

Abstract

The recent retirement of Minister Marco Aurélio Mello from the Federal Supreme Court (STF) has rekindled the discussion on the way in which the Ministers of the Brazilian Supreme Constitutional Court are chosen, including causing the Federal Senate to resume processing proposals for constitutional amendments, which suggest changes in the form of choosing the ministers of the Court. In view of the constant questions regarding the system for appointing STF ministers, the purpose of this article is to analyze the Proposal for Amendment to the Constitution (PEC) No. 35, of 2015, which proposes to amend art. 101, of the Constitution of the Federative Republic of Brazil of 1988 (CRFB/88), to modify the way of choosing the STF Ministers and the rules for exercising the position, as well as evaluating its most recent Amendment proposal, that is, Amendment No. 5, which proposes to increase the minimum age requirement. It is research carried out indirectly, through documentary and bibliographic research. As will be shown, the initial text of PEC No. 35/2015 proposes relevant changes, namely, meritocracy in the appointment, the end of the lifetime term and the establishment of entry and exit quarantines, and the proposal for Amendment No. 5 to the PEC, about raising the minimum age is unfounded and unconstitutional. 

Keywords: Federal Supreme Court. Ministers. PEC No. 35/2015.