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Celso de Mello would be forced to retire on November 1, when he turns 75. With the decision reported to the president of the STF, Minister Luiz Fux, the dean (oldest minister) of the Supreme Court is expected to advance his departure in just over two weeks.
In the letter to the President, Celso affirmed that he had met the necessary requirements for retirement.
In August, Celso de Mello turned 31 in one of the STF chairs. He was appointed by former President José Sarney in 1989.
Before leaving, Celso hopes to participate in the trial that will determine whether President Jair Bolsonaro will give testimony in person, or in writing, in the investigation of an alleged attempt to interfere with the Federal Police. The minister is the rapporteur for the investigation.
‘The president is subject to the laws like any citizen of the country’, says Celso de Mello
Bolsonaro nominates a replacement
With the retirement of Celso de Mello, it will be up to Bolsonaro to name the next occupant of the chair. The mandate of the Supreme Federal Court is for life up to the maximum mandatory retirement age, currently set at 75 years.
In the coming days, the STF must send an act to President Jair Bolsonaro informing that the retirement of Celso de Mello was anticipated. The presidential nomination must also be heard and approved by the Senate.
License and early return
This Friday, the minister anticipated the end of his sick leave and resumed work in the Supreme Court. Celso de Mello left the office on August 19 due to an operation. The forecast was that he would have a license until this Saturday (26).
Earlier this year, Minister Celso de Mello underwent hip surgery. In August, the Supreme Court did not detail the new surgical procedure the minister underwent.
On the Supreme Court, Celso is seen as a powerful voice in defense of minority rights, free expression of thought and the fight against corruption. He is known for heavy votes, which reinforce his historical knowledge, as well as being named the owner of a “moderator profile.”
In his long career at the Court, Celso de Mello argued that the 1988 Constitution allowed “to place Brazil between its past and its future”, being an “essential instrument for the defense of the fundamental freedoms of the citizen against the State”.
The minister expressed her votes for gender freedom and respect for people’s individual choices and led the thesis that established the understanding that homophobia was considered as social racism and framed, along with transphobia, as crimes of racism, typified from Law 7,716 / 1989, until the National Congress issues a law in this regard.
As rapporteur, he ensured the free supply of medicines for the treatment of poor patients with HIV and other serious diseases and forced the municipalities to take care of the education of children up to the age of five in nurseries and kindergartens.
The minister also highlighted in the defense that a person can only be detained after all possibilities of appeal have been exhausted, that is, after the sentence is final, under the principle of presumption of innocence.
José Celso de Mello Filho was born on November 1, 1945 in Tatuí (SP). He graduated in Law from the Faculty of Law of the University of São Paulo (Largo do São Francisco) and, the following year, he was approved first in the state prosecutor’s office.
He remained in his career for 20 years, until he was appointed to the STF. He also served as interim general consultant for the Republic between 1987 and 1989.
