The Minister says he is confident that the Legislature will not approve the measure; Last week the proposal obtained a majority in favor in the Chamber’s CCJ
The Minister of the Federal Supreme Court (STF), Gilmar Mendes, has classified as “extravagant” and “outrageous” (a strange, unusual thing) the proposed amendment to the Constitution (PEC) that allows Congress to suspend the Court’s proceedings. According to the minister, discussing the text in a democratic country is a “shame”.
“Anyone who has attended primary legal studies would be embarrassed to sign up to such a proposal,” the minister said in an interview with CNN Brazil this Monday, 2pm.
Gilmar Mendes recalled that a measure of this type already exists in Brazil. Second Constitution of 1937who established the dictatorship of the Estado Novo of Getúlio VargasCongress could overturn measures approved by the Supreme Court. “There was no Congress in 1937, and it was Getúlio with his pen who overturned the decisions of the Supreme Court. But this is such a sad memory that we shouldn’t even remember it,” says the minister.
Gilmar Mendes said he is confident Congress will not approve the measure. He recalled that the president of the Senate, Rodrigo Pacheco (PSD-MG), has already declared that he will not proceed with the proposal. “I don’t think this proposal is going to get through, that someone in Congress isn’t going to block this proposal.”
The PEC was approved last Wednesday, the 9th, by the Constitution and Justice Commission (CCJ) of the Chamber of Deputies. The text allows Congress to overturn STF decisions if it believes there has been excess jurisdiction, requiring a two-thirds vote in the House and Senate. If Congress overturns a decision, the Court can strike down the measure by a vote of one-fifth of its members.
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Source: Terra
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