Supreme Court Justice Gilmar Mendes has provisionally suspended parts of the Impeachment Law that allow for the removal of court members. The decision, made on December 3, 2025, aims to restrict impeachment requests to complaints filed only by the Attorney General. The move has sparked reactions in Congress, straining relations between the branches of government.
In an individual and provisional decision issued on Wednesday, December 3, 2025, Justice Gilmar Mendes of the Supreme Federal Court (STF) suspended provisions of the Impeachment Law (Law 1.079/1950) that regulate the removal of court ministers for crimes of responsibility. The action responds to lawsuits filed by the Solidariedade party and the Brazilian Magistrates Association (AMB), claiming incompatibility with the 1988 Constitution. For Mendes, the law is outdated in allowing any citizen to file impeachment requests with the Senate; he argues that only the Attorney General should have that prerogative.
The decision reignited tensions between the STF and the Legislature. Senate President Davi Alcolumbre (União Brasil-AP) reacted on the same day by suggesting constitutional amendments in response to the shielding promoted by Mendes. Since 2020, the Senate has accumulated 99 impeachment requests against STF ministers, driven mainly by court decisions on Covid-19 and the fake news inquiry. Justice Alexandre de Moraes is the primary target, with 56 requests, followed by Gilmar Mendes (12) and Flávio Dino (8). Bolsonaro appointees, such as Kassio Nunes Marques and André Mendonça, face fewer pressures, with 2 and 1 requests, respectively.
Critics, as in a Folha de S.Paulo editorial, argue that Mendes' action usurps Congress's prerogative to modernize the 1950 law, which has already been used to remove presidents like Fernando Collor and Dilma Rousseff. They warn that the decision weakens the STF's image, fueling criticisms of its power hunger and limiting popular sovereignty. The measure will still be reviewed by the full STF bench.