The Constitution, Justice and Citizenship Committee (CCJ) of the Chamber of Deputies approved, in the early afternoon of this Wednesday (9), the admissibility of the Proposed Amendment to the Constitution (PEC) No. 8/2021, which limits monocratic decisions in the Federal Supreme Court (STF) and other higher courts.
The PEC was approved in the Senate in November last year and is now being processed in the Chamber. Now, after approval by the Chamber’s CCJ, the PEC goes to a special commission, formed to analyze the proposal. It will then be analyzed by the Chamber Plenary.
The PEC received 39 votes in favor and 18 against in the commission. For the rapporteur of the proposal, deputy Marcel van Hattem (Novo-RS), the objective of the project is to defend democracy. “It is a revaluation of this Legislative Power and the parliamentary mandate. It is not reasonable in a democracy for a single person to use the power of a pen to undo the decision of an entire National Congress.”
Representative Rubens Pereira Júnior (PT-MA) believes that the opposition’s proposal is part of a retaliation package against the Supreme Court, for its actions against everyone who attacked the 2022 electoral process. “Firstly, because the Supreme Court was indispensable in defense of democracy and the fairness of the elections that took place in 2022”, stated the parliamentarian.
“This project has a second objective: to try to put pressure on the country’s Supreme Court to, in some way, ease the judgment of criminals who are being correctly condemned by the Judiciary,” he added.
Monocratic decisions
PEC 8/2021 prohibits monocratic decisions that suspend the effectiveness of a law or normative act with general effect, or that suspend acts of the presidents of the Republic, the Senate and the Chamber of Deputies. Monocratic decisions with the power to suspend the processing of legislative proposals that affect public policies or create expenses for any Power are also vetoed.
Monocratic decisions are those made by just one magistrate. This is a provisional decision, which needs to be confirmed by all of the Court’s ministers.
In August, the Plenary of the Federal Supreme Court (STF) confirmed the suspensionfor an indefinite period, of the execution of parliamentary amendments to the Union Budget.
Also suspended were individual special transfer splicesthe so-called “Pix amendments”, which allow direct transfer to states and municipalities, upon individual recommendation from a deputy or senator, but without it being necessary to link the funds to a specific project, program or agreement.
The majority of STF ministers confirmed a provisional decision by minister Flávio Dino. According to Dino’s decisions, the suspension of transfers must remain in effect until Congress implements rules that guarantee the transparency and traceability of parliamentary amendments. The minister highlighted that the Supreme Court plenary has already defined restrictions on amendments in the 2023 trial, in which it banned the so-called “secret budget”.
*with information from Agência Câmara de Notícias
