The Attorney General of the Republic, Augusto Aras, sent the opinion to the Supreme Court in an action filed by Novo.| Photo: Rosinei Coutinho/STF

The Attorney General of the Republic, Augusto Aras, spoke out this Friday (28) against the suspension of decrees by President Luiz Inácio Lula da Silva (PT) that amend the legal framework for basic sanitation, approved in 2020. forwarded to the Federal Supreme Court (STF) within the scope of the Argument of Non-compliance with a Fundamental Precept (ADPF) presented by Novo. The party asked for the suspension of the decrees.

Aras considered that the use of an ADPF to deal with the case cannot be admitted, since the “disputed normative act” has a “regulatory nature” and does not “directly” modify the Constitution. The PGR stated that the decrees could be questioned, for example, through a Direct Action of Unconstitutionality (ADI), used for “normative acts that innovate, primarily, the legal system”.

The Attorney General of the Republic defended that “at the current procedural stage” the Court hears the responsible bodies and the President of the Republic so that he can “explain the reasons that led him to edit” the decrees. Aras also mentioned that Minister Luiz Fux, the rapporteur of the case, scheduled a preliminary conciliation hearing between the parties for May 23.

“Until then, there is no risk of irreparable damage or difficult repair that the validity of Decrees 11,466/2023 and 11,467/2023 may entail”, he wrote. “In view of the above, the Attorney General of the Republic opines for the lack of knowledge of the action. As for the request for a precautionary measure, it is manifested by its rejection ”, he concluded.