Júlio César Cardoso
Em 18 de junho de 2025, o Supremo Tribunal Federal (STF) aprovou, por maioria, a concessão de segurança vitalícia para seus ministros aposentados, revogando o limite anterior de até seis anos de proteção após aposentadoria.
A justificativa apresentada foi o aumento das ameaças e da exposição pública dos ministros, mesmo após deixarem o cargo. Entretanto, as demais autoridades que se expõem para combater a criminalidade não têm o mesmo tratamento.
Quando pensamos que a Suprema Corte é um órgão imparcial sério, que trata os princípios constitucionais com o máximo respeito, eis a nossa decepção.
Infelizmente, vivemos num país de privilégios injustificáveis nos poderes públicos, onde grupos corporativistas são beneficiados com vantagens inexistentes em outros setores.
É simplesmente lamentável que os princípios constitucionais da igualdade, legalidade, impessoalidade e moralidade sejam desrespeitados pelo próprio Judiciário. Isso fica claro na aprovação de segurança vitalícia para os ministros aposentados do STF.
Num país onde os recursos públicos são vistos como escassos para melhorar a situação de pobreza e miséria da população, e onde o Legislativo, Executivo e Judiciário continuam a gastar sem preocupação, a decisão do STF de conceder segurança vitalícia para seus ministros aposentados pode ser considerada uma medida irracional.
E, como sói acontecer, o aumento da despesa pública será paga pelos contribuintes.
Senhoras e senhores, o país carece de ética e moralidade pública. É desmoralizante que um órgão público, mormente em se tratando do STF, se considere no direito de criar benefício para si mesmo sem apoio legal.
Diferentemente, embora também se conteste, a vitaliciedade de segurança aos ex-presidentes da República, inclusive aos cassados, está amparada em lei federal, o que não ocorre com a decisão em questão da Suprema Corte.
Um tribunal criado para ser imparcial, claudica ou falha ao interpretar a Constituição Federal conforme os seus próprios interesses.
Os riscos que os membros da Suprema Corte enfrentam não são diferentes dos riscos que policiais e promotores enfrentam ao combater e desarticular organizações criminosas. No entanto, eles não têm direito à segurança pessoal na aposentadoria.
O princípio da impessoalidade exige que a administração pública atue sem favorecimentos pessoais. A concessão de um benefício vitalício a um grupo específico de ex-agentes públicos pode ser vista como forma de privilégio personalíssimo, o que contraria esse princípio.
O princípio da moralidade administrativa impõe que os atos da administração estejam em conformidade com padrões éticos e de interesse público. A autoconcessão de benefícios por parte do próprio órgão pode ser interpretada como um desvio de finalidade.
O princípio da igualdade determina que todos são iguais perante a lei. A criação de um benefício exclusivo para ex-ministros do STF, sem previsão legal específica, pode violar esse princípio ao criar uma distinção injustificada em relação a outros servidores públicos aposentados.
O princípio republicano, embora não esteja expresso em um artigo específico, é um dos fundamentos do Estado brasileiro (art. 1º caput). Ele veda a perpetuação de privilégios e exige a temporariedade das funções públicas. A vitaliciedade de um benefício administrativo pode ser vista como contrária à lógica republicana.
Esses princípios já foram invocados pelo próprio STF em decisões que anularam pensões vitalícias de ex-governadores, por configurarem privilégios indevidos. Isso reforça a ideia de que a Corte deve manter coerência com a sua própria jurisprudência.
A sociedade tem de ficar alerta e não permitir que abusos dessa natureza continuem a existir. Por outro lado, o Legislativo como representante do povo tem que questionar a Suprema Corte, tendo em vista que a referida decisão não teve amparo legal.
A discussão pode ainda evoluir para questionamentos formais por meio Ação Direta de Inconstitucionalidade (ADI).
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