Minister Gilmar Mendes, of the Supreme Federal Court, determined that the Union of Brazilian Magistrates (Sindimagis) can only charge contributions from judges and court justices who have expressly associated with the entity. The decision remains in effect until the Court definitively analyzes whether it is possible to create magistrate unions and whether these entities can charge fees from non-members.
The order was issued in the context of an action filed by the Association of Brazilian Magistrates (AMB) against the Union and Sindimagis. The union was created in January of this year by an act of the Ministry of Labor.
For the AMB, the creation of Sindimagis is illegal and unconstitutional, as it admits the establishment of a union integrated by magistrates, who have their own constitutional statute. The association argues that union organization would not be compatible with the legal regime of members of the Judiciary Branch.
Sindimagis has not yet commented on Gilmar Mendes' decision. The case awaits definitive judgment by the Supreme Federal Court to define the fate of the unionization of Brazilian magistrates.
