The Ministério Público Federal (MPF) shifted its stance on Thursday, February 6, defending that Superior Tribunal de Justiça (STJ) Minister Marco Buzzi lose his seat on the court during his final disciplinary administrative process.
Minister Marco Buzzi faces allegations of sexual harassment brought by two separate women and confronts a final disciplinary judgment before the court. Earlier in July, during the presentation of final allegations, the MPF argued for compulsory retirement as the maximum disciplinary penalty available for a magistrate accused of infractions.
In its updated document, the MPF acknowledged a previous Supremo Tribunal Federal (STF) decision that eliminated compulsory retirement as a maximum penalty. However, the agency argued that the specific ruling applied only to the individual case analyzed by the Supreme Court and did not automatically affect all legal proceedings nationwide. The prosecution added that the issue remained controversial across the judiciary because the Conselho Nacional de Justiça (CNJ), which regulates the matter and updates internal rules, had not yet revised its regulations.
Regime Changes by the Conselho Nacional de Justiça
The regulatory landscape shifted on Tuesday, February 4, when the CNJ voted unanimously to alter its internal rules and definitively remove compulsory retirement as a maximum penalty option for magistrates who commit infractions. Council members established that the most severe sanction moving forward will instead be “availability with a proposal for loss of office.” Consequently, the MPF adjusted its final statement on Thursday to align with this newly enacted standard.
Did You Know? The STJ is composed of 33 ministers, but exactly 28 members are scheduled to cast votes on either the acquittal or condemnation of Minister Marco Buzzi, with the final outcome determined strictly by an absolute majority.
Next Steps and Legal Procedures for Loss of Office
If a majority of STJ ministers agrees with the MPF and petitions for the loss of office, a multi-step legal procedure begins. The minister will remain suspended from his official duties while continuing to receive remuneration proportional to his years of service during this interim period. Following that vote, the case transfers to the Advocacia-Geral da União (AGU), which must file a civil action for loss of office before the Supremo Tribunal Federal (STF).
Only after the STF reaches a definitive ruling ordering the loss of office—meaning no further legal appeals remain available—will the magistrate cease receiving financial compensation and face formal expulsion from the court. The disciplinary process began around 9:15 a.m. on Thursday, starting with oral arguments from the public ministry alongside the legal defenses of the victims and the minister, followed by afternoon voting.
The Allegations and Defense Arguments in the Disciplinary Process
Minister Marco Buzzi has been suspended from his judicial duties since February. The Processo Administrativo Disciplinar (PAD) was officially initiated in April following an internal preliminary investigation into the complaints. The first accusation involves an 18-year-old woman who is the daughter of family friends of the minister, with the alleged incident taking place in January during a beach visit at Praia do Estaleiro in Balneário Camboriú, Santa Catarina.
The second accusation stems from a former third-party outsourced employee assigned to the minister’s office, who reported experiencing non-consensual touching and sexually suggestive comments between 2023 and 2025. Legal representatives for Marco Buzzi deny all allegations. Regarding the beach incident, the defense maintains that witness testimonies, security camera footage, medical reports, and local forensic expert examinations demonstrate that the alleged sexual importuning never occurred. Concerning the former collaborator’s claims, the defense argues that the constant movement of people, room layout, and daily office workflow are incompatible with the reported episodes.
Frequently Asked Questions
What penalty did the MPF initially request for Minister Marco Buzzi?
In early July, the MPF advocated for compulsory retirement, citing it as the maximum disciplinary punishment available for magistrates.
Why did the MPF change its position during Thursday’s session?
The prosecution updated its stance after the CNJ voted unanimously on Tuesday to eliminate compulsory retirement as a top penalty, replacing it with availability coupled with a proposal for loss of office.
What are the specific allegations against Minister Buzzi?
He faces two accusations of sexual harassment: one involving an 18-year-old in Balneário Camboriú in January, and another involving a former outsourced office worker who reported unwanted touching and comments between 2023 and 2025.
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