Quick Summary
- 1The Supreme Court will resume judicial activities in February 2026 following the year-end recess.
- 2The First Panel will prioritize criminal cases, including the trial related to Marielle Franco's death in February and proceedings concerning irregularities in parliamentary amendments in March.
- 3The court will also continue judging actions connected to the January 8, 2023 attacks on government buildings.
- 4The Full Court faces decisions on limiting the privileged forum mechanism, potentially allowing cases against former authorities to return to lower courts.
Quick Summary
The Supreme Court is scheduled to resume judicial activities in early February 2026 following the year-end recess. In the first months of the year, the Court is expected to analyze a series of criminal proceedings and actions with significant political, economic, and social impact.
The First Panel will focus on major criminal cases. In February, the panel is scheduled to judge the criminal action regarding the death of councilwoman Marielle Franco. In March, the justices will analyze the process concerning irregularities in the use of parliamentary amendments attributed to deputies from the PL. The panel will also continue judging criminal actions related to the acts of January 8, 2023.
The Full Court is set to address several constitutional matters. These include the scope of privileged forum, the potential blocking of messaging apps for non-compliance with court orders, and the existence of employment relationships for app-based drivers and delivery workers. Furthermore, the justices will review the application of the Amnesty Law to dictatorship-era crimes and challenges to the 2019 Social Security reform.
Criminal Proceedings in the First Panel
The First Panel of the Supreme Court will concentrate a significant portion of the criminal docket at the beginning of 2026. The schedule includes high-profile cases involving political violence, corruption, and the January 8 attacks.
Marielle Franco Case
In February, the panel is set to judge the criminal action against those involved in the death of councilwoman Marielle Franco. This trial represents a critical step in the judicial process regarding her assassination.
Parliamentary Amendments and January 8 Acts
In March, the justices will analyze the process dealing with irregularities in the use of parliamentary amendments assigned to deputies of the PL. Additionally, the panel will continue the judgment of criminal actions related to the acts of January 8, 2023, when the headquarters of the Three Powers were invaded and vandalized.
According to a report released at the end of 2025, there are 346 criminal actions in the final phase of processing and another 98 indictments in the preliminary defense stage. The majority of these are against individuals accused of financing the acts.
Eduardo Bolsonaro Trial
The panel will also judge the criminal action against Eduardo Bolsonaro. He is accused by the Attorney General's Office (PGR) of attempting to interfere, from abroad, in the judgment of a process involving his father, former president Jair Bolsonaro. The licensed deputy has already become a defendant, and the collegiate will decide whether he will be convicted or acquitted.
Privileged Forum and Digital Regulation
The Full Court is expected to resume judgments regarding the scope of privileged forum and the regulation of digital platforms. These decisions will define the limits of authority immunity and the powers of the judiciary over technology companies.
Changes to Privileged Forum
The Court may resume judging appeals that detail the reach of privileged forum, a constitutional mechanism that grants certain authorities the right to be tried for common crimes in superior courts. The case rapporteur, Justice Gilmar Mendes, voted for processes involving former authorities to return to the courts where they initially began to be processed. He also proposed criteria to define the application of the forum when an authority holds successive positions with forum prerogatives in different instances.
Blocking Non-Compliant Apps
The Court may also judge actions discussing whether the Judiciary can determine the national blocking of messaging apps, such as WhatsApp and Telegram, when platforms fail to provide data requested in criminal investigations. The discussion involves the interpretation of the Internet Civil Framework, which provides sanctions for companies that fail to comply with rules regarding the storage and sharing of user records. The central point is whether total blocking of the service can be applied as a penalty.
Gig Economy Labor Rules
Another awaited judgment concerns the existence—or lack thereof—of an employment relationship between drivers, delivery workers, and digital platforms, a debate known as "uberization." The case proceeds with general repercussion, meaning the Supreme Court will establish an understanding that must be followed by other judicial instances. The judgment was scheduled for the end of 2025 but was postponed to await negotiations in Congress regarding a bill on the subject.
Historical Crimes and Social Security
The Supreme Court's agenda also covers historical human rights cases and the review of social security legislation. These cases involve complex legal questions regarding the limits of amnesty and the implementation of recent reforms.
Amnesty Law and Dictatorship Crimes
The justices will analyze appeals discussing the application of the Amnesty Law to crimes committed during the military dictatorship that, according to the actions, have permanent effects to this day—such as the concealment of corpses and forced disappearance. The Court will decide whether the law is compatible with international human rights treaties, such as the Pact of San José da Costa Rica. Cases under analysis include the murder of former deputy Rubens Paiva and crimes occurring during the Araguaia Guerrilla. These processes also carry general repercussion.
Challenges to Social Security Reform
The Court may also deliberate on actions challenging points of the Social Security reform approved in 2019. The themes under discussion include:
- The requirement of a minimum age for special retirement, intended for workers exposed to harmful health agents.
- Changes in the social security contribution rules for retired civil servants with serious or incapacitating diseases, including the end of partial exemptions.
Authority Abuse Law
Another pending agenda item involves the validity of the Authority Abuse Law, enacted in 2019. The norm defines crimes committed by public agents, details conduct, and establishes penalties. Associations of judges, prosecutors, and police argue that the law violates constitutional principles, such as the separation of powers, and may weaken the fight against corruption. In February 2025, the Court heard the parties and experts. The vote of the rapporteur, Justice Alexandre de Moraes, does not yet have a scheduled date for presentation.
Frequently Asked Questions
The Supreme Court is scheduled to resume judicial activities in early February 2026 following the year-end recess.
The First Panel will judge the criminal action regarding Marielle Franco's death in February and proceedings on parliamentary amendments in March. The Full Court will address privileged forum, app blocking, and gig economy labor rules.
Yes, the Court may deliberate on actions challenging points of the Social Security reform approved in 2019, including minimum age requirements and contribution rules for retired civil servants.
