Proposals that facilitate the impeachment of ministers of the Supreme Federal Court (STF); limit the Supreme Court’s monocratic decisions and allow Parliament to suspend decisions of the Court advanced this Tuesday (27) in the Constitution and Justice Committee (CCJ) of the Chamber of Deputies.
Another proposal that advanced was the one that includes the “usurpation of powers of the Legislative Branch or the Executive Branch in the list of crimes of responsibility of the STF ministers”. The four proposals were read with favorable votes from the respective rapporteurs.
Then, requests for review postponed the votes to a future session. All requests to remove the proposals from the agenda were rejected by the majority of the Committee, which decided to continue processing the projects.
These proposals were discussed in the CCJ after the STF suspended the payment of parliamentary amendments. Deputies critical of the changes claim that the progress of the proposal is a reaction to the suspension of resources.
The Proposed Amendment to the Constitution (PEC) 28/2024for example, authorizes the National Congress to suspend the effect of decisions by the STF – with the vote of two thirds of each of the Houses – if it “considers that the decision goes beyond the adequate exercise of the jurisdictional function and innovates the legal system as a general and abstract norm”.
THE PEC 8/2023in turn, limits the scope of the STF ministers’ monocratic decisions, which are those taken by a single minister. The PEC prohibits this type of decision from suspending the effectiveness of a law or acts of the presidents of the Executive and Legislative branches.
Impeachment
THE L Projecthey 568/2022which requires that impeachment requests rejected by the presidents of the Chamber or Senate be submitted to the plenary of the Houses, also advanced in the CCJ this Tuesday.
Currently, the person who has the power to advance impeachment requests against the President of the Republic is the Speaker of the Chamber of Deputies and, in the case of Supreme Court justices, the Speaker of the Senate. If they do not accept the requests, the complaint does not need to go through the plenary sessions of the House.
Parliamentarians and parties critical of the actions of STF minister Alexandre de Moraes, within the scope of the investigations against January 8, 2023, have called for the magistrate’s impeachment, which has not been accepted by the president of the Senate, Rodrigo Pacheco (PSD/MG).
This project also creates a crime of responsibility for the STF minister who expresses, outside the case records, opinions “about cases pending judgment, whether his own or those of third parties, or issues a derogatory judgment about rulings, votes or sentences of other judicial bodies, or even about the activities of the other Powers of the Republic”.
Judicial activism
Finally, the favorable opinion on Bill 4,754/2016 was read, which includes, among the crimes of responsibility for STF ministers, the alleged usurpation by the Supreme Court of the powers of the other powers.
“The judicial activism demonstrated by the Judiciary in a recent period of our history has led the Supreme Federal Court (STF) to exceed the limits of its constitutional attributions”, argued the rapporteur of the matter, deputy Alfredo Gaspar (União/AL).
Debate
Federal deputy Orlando Silva (PCdoB-SP) argued that the Legislative Branch should try to be a moderating power over the Judiciary, harming the independence and harmony between the Branches.
“The aim here is to establish mechanisms for the Legislative Branch to override decisions by the Judiciary Branch. This is usurping the jurisdiction of the Judiciary Branch. Therefore, it is a mistake on the part of the Chamber of Deputies, a revengeful attitude against the Supreme Federal Court. This is violating the Constitution and imposing a moderating power that was never provided for in the current Constitutional Charter,” he argues.
In contrast, federal deputy Bia Kicis (PL/DF) argues that the projects are a kind of “fixing brake” between the Powers of the Union.
“It is not we who want to usurp the Supreme Court’s powers. [O STF] “The Legislative Assembly is usurping our powers every day and disrespecting this House. So this is just a brake on the process, to restore harmony between the Powers and for us to ensure that we uphold our powers as determined by the Federal Constitution,” he highlighted.
Congressman Patrus Ananias (PT/MG) argued that this package of bills is a reaction to the STF’s decision to suspend the payment of parliamentary amendments so that they are transparent, traceable and efficient in public spending.
“This resentment against the STF is related to the parliamentary amendments. With the obscure amendments, with these enormous resources. The STF is asking for these resources to be better explained. It is essential that the people who maintain this country know where public money comes from and where it goes,” he said.
Federal deputy Alfredo Gaspar denied that the bill he is reporting on is retaliation against the STF. “The law we are analyzing is 74 years old. Imagine the constant omissions in it. Therefore, there is no persecution, there is nothing against the STF. There is only the modification of episodes that need to be included in the legislation so that we can have legal guarantees of an impartial, correct and decent Judiciary”, he commented.
