Superior Court of Justice (STJ) determines loss of position for Marco Buzzi due to sexual harassment and harassment

The Superior Court of Justice (STJ) decided, by majority decision, on August 6, 2026, to apply the sanction of availability (removal) and the loss of his position to Minister Marco Buzzi. The measure comes after accusations of harassment, sexual harassment and insults directed at him, constituting a violation of his functional duties.

This is the first time that a magistrate has received the strictest maximum penalty for serious infractions, as established by the First Panel of the Federal Supreme Court and the National Council of Justice (CNJ), marking an important precedent in the Judiciary.

Next steps to carry out the punishment

Previously, the most severe penalty for magistrates was compulsory retirement, which, however, ensured full salary receipt.

Throughout the process, minister Marco Buzzi always rejected the accusations. The minister’s defense team disputes the reports presented by the alleged victims.

Marco Buzzi’s lawyers claim that he is the victim of a conspiracy and internal gossip, even presenting a medical report that confirms erectile dysfunction.

After the trial session held on August 6, Buzzi’s legal representatives announced that, although they disagree with the Court’s decision, they respect it. The defense also indicated that it intends to appeal to the Federal Supreme Court against the verdict.

In an official statement, the defense declared that “the facts reported by the complainants either did not happen or could not have happened, given the objective elements contained in the records.”

Unanimously, the STJ ministers who participated in the trial recognized the practice of disciplinary infractions by Marco Buzzi. The absolute majority, made up of 24 magistrates, voted for availability and for the loss of the position. Four ministers – João Otávio de Noronha, Moura Ribeiro, Regina Helena Costa and Gurgel de Faria – voted for compulsory retirement, but their position was in the minority.

With the Court’s determination, Marco Buzzi will remain away from his duties and will continue to receive a proportional salary until all process procedures are completed.

The STJ will forward a communication to the Attorney General’s Office (AGU) so that it can initiate action with the Federal Supreme Court, requesting the dismissal and suspension of payments. A AGU terá, então, um prazo de 30 dias para formalizar o pedido de perda do cargo ao STF.

As for the seat occupied by Marco Buzzi at the STJ, there is the possibility that an automatic effect will be applied, allowing the vacancy to open while the Supreme Court analyzes the ongoing civil action.

Marco Buzzi was removed from his position in February, when the allegations came to light. By decision of the ministers, he is also prohibited from accessing the Court’s facilities. Despite his dismissal, he continued to receive his salary during the investigation phase.

Minister Buzzi’s latest salary record, available on the STJ’s Transparency Portal, refers to June, when he received R$29,000. Before his dismissal, in February, the judge had a net salary of approximately R$100,000.

Lawyers for one of the victims expressed, through a note, that the decision handed down by the STJ sets an important precedent. This example is not limited only to the Judiciary, but extends to the entire society.

They added that the resolution demonstrates that, “regardless of the position, profession or authority exercised, anyone who committed an illegal act not only can, but must be duly punished.”

Details of the accusations against the minister

Marco Buzzi has been unable to perform his duties since February 10, the date on which disciplinary proceedings were initiated against him. The magistrate faces two complaints at the STJ and is also the target of an investigation at the Federal Supreme Court.

In a report that exceeds 50 pages, the Attorney General’s Office (PGR) points out that the victims’ statements are consistent, clear and corroborated by the evidence attached to the case.

Two formal accusations were assessed against the magistrate:

• An 18-year-old girl reported having suffered sexual harassment in January 2026, during a swim in the sea, while on vacation with her family at Buzzi’s residence in Balneário Camboriú (SC).
• A former office employee described repeated episodes of sexual harassment and harassment, which occurred while working on the judge’s team at the STJ between 2023 and 2025.

The PGR concluded that, in the case of the 18-year-old girl, there is evidence that indicates that Buzzi “violated the duty to maintain irreproachable conduct in private life, as well as failing to observe the rules of integrity, dignity, honor and decorum”.

With regard to the former employee, the prosecutor stated that the violation of the “duties of politeness and of maintaining irreproachable conduct in private life, as well as non-observance of the rules of integrity, courtesy, dignity, honor and decorum” was demonstrated.

The PGR concluded that Marco Buzzi had non-consensual physical contact with the 18-year-old victim and, between 2023 and 2025, on the court premises, “touched victim 2’s body without consent, made inappropriate comments about her physical attributes, showed her sexually suggestive content on his cell phone, in addition to expressing himself in an offensive and potentially intimidating manner in the work environment.”

History of punishments against other ministers

Marco Buzzi has held the position of minister of the STJ since September 2011 and became the third minister of the Court to have his conduct investigated.

In 2004, minister Vicente Leal opted to retire after being removed from his duties as a result of an investigation that investigated his alleged participation in a habeas corpus sale scheme to drug traffickers.

Six years later, the National Council of Justice (CNJ) decided to retire minister Paulo Medina. He was also removed from office for allegedly having benefited, through sentences, companies that requested the Court to release slot machines.

The complete note of Marco Buzzi’s defense

Minister Marco Buzzi’s defense released the following statement:

“Minister Marco Buzzi’s defense respects the decision of the excellent ministers of the Superior Court of Justice (STJ), but strongly disagrees with the arguments used to support the votes for conviction.

This is a sensitive case, of great public commotion and involving a social problem of extreme relevance for the country. Numerous pieces of evidence were gathered to show that the facts reported by the complainants either did not happen or could not have happened, given the objective elements contained in the records.

The minister’s defense will continue to be based on the seriousness that this case deserves.”