Going back is not necessary – 09/25/2023 – Dora Kramer

Reactions to positions and/or decisions of the Federal Supreme Court are rehearsed in the National Congress. The proposal here is not to enter into a discussion about the interference that affects the harmonious and independent coexistence between the Powers.

It is a recurring topic of open debate whether the collision occurs due to the omission of the Legislature or due to excessive calls to the Judiciary in order to transfer responsibilities. It concerns the form of approaches to solving issues of social interest.

The risk of setbacks lies in the content. The Supreme Court does it, Parliament undoes it (or tries to undo it); and sometimes the opposite happens, in a zero-sum account that leaves important matters in permanent suspense.

The time frame for demarcating indigenous lands, for example. Overthrown in the STF, it returns to the scene as the object of a constitutional amendment supported, but not only, by the ruralist bench. If approved, it can be overturned and returned to Parliament, and the matter will not be resolved.

It was enough for the supreme court to start voting on the decriminalization of abortion up to three months of pregnancy for a proposal to tighten the current law in the Legislature. When the court was on the verge of forming a majority to remove the criminal nature of marijuana possession, the president of Congress suggested radical prohibition.

Same-sex marriage, permitted since 2011, also returns to the screen as a proposal for a step back. The clashes are not limited to ideological differences. Anachronisms sometimes unite right and left, in a scenario where measures for the general loosening of electoral rules are included, including the Clean Record Law and minority quotas.

The ghost of the union tax returned to haunt the new world of work when the Supreme Court, in practice, approved it under the name of assistance contribution.

This is how, step by step, the march of history is slowed down.

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