Minister André Mendonça, of the Federal Supreme Court (STF), decided today (12) to deny yet another request to suspend the vote on the Proposal for a Constitutional Amendment (PEC) that allows the creation of social benefits.
The request for suspension had been made by deputy Alexis Fonteyne (Novo-SP), who alleged that the principle of electoral annuality, provided for in the Constitution, was violated. The parliamentarian also argued the existence of irregularities in the processing of the PEC, among other points.
In denying suspending the PEC process in the Chamber, Minister André Mendonça said he did not see “an unequivocal and manifest disrespect for the legislative process” that justified the intervention of the Judiciary.
He wrote that judicial self-restraint recommends “avoiding, as much as possible, the premature declaration of invalidity of a legislative act still in its formation process, given the evident risk that it may translate into undue interference by the Judiciary with the Legislative Branch, in violation of the principle of the Separation of Powers”.
Mendonça had already denied another request to suspend the processing of the aforementioned PEC, which was filed by Deputy Nereu Crispim (PSD-RS).
Understand the PEC
The PEC in question provides for an increase of R$ 200 in Auxílio Brasil until the end of the year, as well as the creation of a monthly benefit of R$ 1 thousand for truck drivers, the payment of installments to taxi drivers, the reinforcement of Vale Gás, the financing of free public transport for the elderly and compensation for states that reduce the tax burden on biofuels.
Electoral annuality prevents the creation of social benefits in voting years. Therefore, the PEC provides for the declaration of a state of emergency in the country, until December 31, justified by the “extraordinary and unpredictable” rise in fuel prices and its consequent social impact.
The vote on the proposal, which has already been approved in the Senate, is scheduled to take place this Tuesday (12) in the Chamber’s plenary.
