THE POSSIBILITY OF MITIGATE THE CONSTITUTIONAL GUARANTEE OF LIFETIME

Abstract

The present work aims to analyze and understand the constitutional guarantee of lifetime, which has a legal provision in article 95, item I of the Federal Constitution of 88, verifying whether there is a possibility to mitigate such guarantee. It so happens that this guarantee is intended for judges, members of the Public Prosecution Service and the Ministers of the Federal Court of Auditors, its main purpose is to protect the exercise of the jurisdictional function and also to ensure the independence and freedom of the institution, however, it appears that some magistrates use this constitutional guarantee as an encouragement to carry out practices inappropriate to the profession, using this prerogative as a form of shield, facts driven by the provision of the disciplinary penalty of compulsory retirement, described in article 42, item V of the Complementary Law No. 35 which provides for the Organic Law of the National Judiciary. In this article, there was a limitation in addressing only cases involving magistrates, verifying whether the use of this prerogative promotes encouragement on the part of transgressors in the commission of illegal conduct. In this same context, it appears that the aforementioned guarantee has its source in the magna, having constitutional protection, that is, for any modification to be made, the constitutional principles must be observed, among which the Prohibition of Setback stands out. which will be covered throughout this article.