Developments in Brazil's Superior Courts

A Year of Transition and Key Precedents in Brazil’s Superior Courts

Brazil’s Federal Supreme Court (STF) is undergoing institutional changes in 2026, marked by the vacancy following Justice Luís Roberto Barroso’s early retirement and the ongoing Senate process to approve Jorge Messias’s nomination to the bench. Under the presidency of Justice Edson Fachin, the court has also stepped up its international engagement, with initiatives focused on strengthening ties among Latin American and Caribbean courts. In an election year such as 2026, the STF’s docket typically focuses on issues of significant constitutional weight, especially those involving the political system, the conduct of public officials, and the scope of key institutional powers.

This comes on the heels of strong productivity in 2025, when the court disposed of more than 83,000 cases and issued 86,000 final decisions – one of the highest volumes in its history. The year also resulted in important precedents, including ADI No. 7,265/DF, in which the STF upheld the constitutionality of requiring health plans to cover certain treatments and procedures not included on the Brazilian Supplementary Health Agency’s (ANS) list, as long as strict technical and legal requirements are met. The court also recognized the constitutionality of applying Brazil’s judicial reorganization and bankruptcy framework to state-owned enterprises.

In the Superior Court of Justice (STJ), 2026 is likewise a year of significant leadership transitions, with Justice Gurgel de Faria heading the court’s First Section and Justice Teodoro Silva Santos presiding over the Second Panel. Further adjustments to the makeup of the Sixth Panel and the Third Section are also expected due to retirements. At the same time, the STJ remains focused on improving efficiency and reducing its case backlog, building on its performance in 2025 when the court achieved high productivity, saw partial renewal of its composition, and handed down key rulings on central issues regarding public and private law.

The STF will have a full docket in 2026. During an election year, it is set to review issues including the employment status of app-based drivers, moves toward independent contractor arrangements (‘pejotização’), and the inclusion of the ISS services tax in the PIS/Cofins tax base. There are also notable investigations involving Banco Master and social security fraud, along with rules regarding congressional earmarks and perks for public servants

Arthur Parente

Partner – Litigation & Arbitration

The STJ has set ambitious goals for reducing its backlog during 2026. Key priorities include deciding on all cases filed through 2019, as well as administrative and criminal improbity cases involving offenses against Brazil’s public administration filed through 2022. The court also plans to lower its congestion rate by 0.5% relative to 2025 (excluding tax enforcement proceedings); resolve 75% of environmental cases filed through 2025; adjudicate 80% of cases involving indigenous peoples, quilombola communities, and issues of racism or racial injury; and conclude cases on femicide and domestic violence filed through 2024