From hardball to packing the Court: “PEC do Pijama” and the attempt to attack the brazilian supreme court

In May 2015, the Brazilian Chamber of Deputies approved an amendment that raised the retirement age of the Supreme Court members from 70 to 75 years. Just four years later, there is a new proposal, known as “PEC do Pijama”, to revoke the former one. The paper assumes that changes in rules that affect the checks and balances system must be taken seriously. While in a hardball conjuncture these kinds of changes can be seen as questionable, in a context of constitutional crisis there could be a deliberate attack to compromise Court independence. The polish “Law on the Supreme Court”, and the Brazilian authoritarian past are taken into account to review the facts and norms and analyze them. In this paper, the author argues that the latter proposition violates constitutional stability, judicial independence, and magistracy guarantees, consisting in an autocratic move to consolidate power and pack the Court.