Senate Advances Debate on PEC to Curb STF This Tuesday; The opposition dominates the debate

The proposal is expected to be voted on next week; The text aims to limit the monocratic decisions of ministers and establishes a deadline for requests for revision

BRASILIA-IL Federal Senate On Tuesday 31st the proposed amendment to the Constitution (PEC) which limits the monocratic decisions of the Supreme Federal Tribunal (STF) and the deadline for requests for revision will be discussed again. The discussion began on the 19th, when the President of the Chamber, Rodrigo Pacheco (PSD-MG), organized a debate on the topic in plenary.

The proposal is expected to be voted on November 8, the deadline necessary for five sessions to be held. In the plenary, Pacheco defended the PEC, arguing that the changes would represent a more modern way for the Court to operate.

“We also know that Brazil’s Three Powers are independent and harmonious. And they can always evolve, whether on their own initiative or with the contribution of another Power,” he said.

The PEC is defended by the opposition and has an opposition rapporteur Amin Esperidião (PP-SC). “I have no doubt that everyone (present at the debate) agrees that it cannot remain as it is. Let alone the idea of ​​withdrawing to avoid friction,” the senator said.

In the previous session there had been no participation of the government senators in the discussion. Present at the last debate were Miguel Godoy, lawyer and professor of Constitutional Law at the Faculty of Law of the Federal University of Paraná (UFPR); Antônio Nabor Areias Bulhões, lawyer and life member of the Federal Council of the Brazilian Bar Association (OAB); Ilton Norberto Robl Filho, lawyer and professor at the UFPR Faculty of Law.

In the Constitution and Justice Committee of the Senate, the PEC was approved in 40 seconds, with a symbolic vote. The text of the proposal specifies that the monocratic decisions of the STF cannot suspend “the effectiveness of a law or regulatory act” of national scope nor of the acts of the President of the Republic and the presidents of the Senate, the House and the Congress.

In practice, when the action declaring unconstitutionality is brought to the Supreme Court, the reporting minister cannot alone suspend the effectiveness of the contested law, as the law currently provides. If the PEC were approved, a decision like this could only be made with the vote of at least six ministers, the majority of the Court.

As regards requests for approval, the PEC suggests that they are always collective and have a maximum duration of six months.

Thus, when a minister interrupts a trial to analyze the case, others will be able to do so too. A second period may be granted collectively, limited to three months.

Pacheco defends the changes to the STF

Pacheco supports, together with the opposition, the request for change in the STF. At an event in France, the president of the Senate said the changes would respond to the “credibility crisis” faced by the Court.

Among other changes, Pacheco suggested limiting access to the STF to avoid “constant contact with the company.” It was he who mediated with the opposition in Congress to end the group’s obstruction this month.

The agribusiness, Bible and bullet benches have decided to create barriers to voting in both the Senate and the House, because the Supreme Court has discussed proposals that are contrary to the group, such as legalizing the possession of marijuana and decriminalizing abortion until at the 12th week of pregnancy.

The government has seen recent episodes that show it does not have the same control over votes in the Senate. In recent weeks, the opposition in the Senate managed to approve the bill – which provides for a demarcation line to define the delimitation of indigenous territories based on the occupations of 5 October 1988 – and rejected the nomination of Igor Roque as public defender’s office. of the Union (DPU) made by the president Luiz Inácio Lula da Silva.

Source: Terra

Rose

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