The package approved by the Constitution and Justice Commission of the Chamber limits the granting of monocratic decisions by the magistrates of the Court and creates new possibilities for the impeachment of magistrates; understand peer-to-peer projects
The Constitution, Justice and Citizenship Commission (CCJ) of the Chamber approved on Wednesday 9th a package of four measures which, if approved by the Chamber, will limit the powers of the ministers of the Federal Supreme Court (STF), as well as making the process that can lead to the deposition of magistrates by the Senate, with new liability crimes and new procedures for analyzing impeachment requests.
Find out what the legislation the package seeks to change looks like today and what the law would look like if the proposals were passed.
Limit for monocratic decisions
The proposed amendment to the Constitution (PEC) 8/2021 limits the scope of the monocratic decisions of the STF ministers. According to the text, approved by the Senate at the end of last year, magistrates will no longer be able to suspend, through an injunction, the validity of laws approved by the Legislature.
According to the rule, for a law created by Congress to be invalidated, a majority of the full court must be formed. Currently, any member of the STF, monocratically and immediately, can invalidate a rule approved by the Executive or the Legislative, only subsequently submitting the issue to the analysis of the plenary.
The same PEC prohibits the decision of a minister of the Supreme Court against the orders of the presidents of the House and Senate.
Review of the sentence
PEC 24/2024, in turn, creates the possibility for Congress to review the Court’s decisions. If approved, the STF trials could be suspended with the approval of a two-thirds vote in the Senate and House.
For now there is no legal provision of this type and the provision is criticized by jurists because it undermines the autonomy of the Supreme Court.
New liability crimes for STF ministers
The bill (PL) 658/2022, drafted by former federal deputy Paulo Martins (PL-PR), creates new hypotheses for the impeachment of STF ministers. The proposal of Martins, candidate for deputy mayor of Curitiba on the candidacy of Eduardo Pimentel (PSD), creates new crimes of responsibility, as the conduct that can lead to the deposition of magistrates is defined.
To date, the law provides for five liability crimes that can lead to the impeachment of STF ministers. According to federal law 1.079 of 1950, the judge cannot “modify in any way, except on appeal, the decision or vote already rendered in a session of the Court”; the minister is also prohibited from participating in a trial in which he is “under investigation”; the exercise of “partisan political activity” is prohibited; finally, whoever holds the office cannot be “manifestly negligent” in the exercise of their duties nor “act in a manner incompatible with the honour, dignity and decorum” of the role.
According to the proposal under consideration by the CCJ, in addition to these provisions, ministers are now prohibited from publicly expressing their opinions on “trials pending trial” and “activities of other powers of the Republic”. It would also be classified as a “breach” liability crime. (…) parliamentary material immunity” and “usurpation”. (…) the powers of the Legislative Power, creating a general and abstract rule under the competence of the National Congress”.
The proposal to qualify violations of “parliamentary immunity” and the “competences of the legislative power” as liability crimes comes in the wake of criticism expressed in the same terms by STF parliamentarians. The text was reported by federal deputy Gilson Marques (Novo-SC) and approved with 36 votes in favor and 14 against.
New rite for the impeachment of STF ministers
Bill 658/2022 also modifies the impeachment procedure of STF ministers, joining another proposal approved by the CCJ on Wednesday, number 4754/2016, drafted by federal deputy Sóstenes Cavalcante (PL-RJ) and reported by Alfredo Gaspar (União Brasil-AL).
According to Cavalcante’s text, the president of the Senate, in charge of evaluating the requests for impeachment of the magistrates of the Supreme Court, would now have a specific period to analyze the request, at the end of which the head of the House would necessarily have to receive or archive it . Today there is no established legal deadline for analysis, which, in practice, relegates filed requests.
Cavalcante’s proposal is in line with the project suggested by Paulo Martins, according to which, in the event of rejection of the appeal presented to a minister of the Supreme Court, it will be possible to appeal subject to the signature of a third of the members of the Chamber. The appeal must be voted on in the presence of at least 41 senators and, to be approved, it must be voted on by more than half of those present.
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Source: Terra
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