Pacheco says he was “attacked” by the STF, but the Senate has civic courage

After criticism from ministers of the Federal Supreme Court (STF) regarding the approval of the PEC that limits monocratic decisions by the Judiciary, the president of the Senate, Rodrigo Pacheco (PSD-MG), said this Thursday (23) that he was “attacked” by minister of the Supreme Court free of charge. He recognized the role of the Supreme Court, but stated that the Court is not a stage for political discussions.

“I do not allow myself to debate and polemicize any of these statements by ministers of the Federal Supreme Court, because I consider that the Supreme Court is not the stage for the political arena […] So, I don’t allow myself to have a political debate, nor to receive attacks that I received for free as a member of the Federal Supreme Court due to the constitutional role that I fulfilled”, said the president of the Senate.

Known for his moderate temperament, the president of Congress seemed quite upset with the situation created by the ministers, even raising his voice during his speech.

He also stated that the Senate, like the STF, also has “civic courage” and commitment to the country. “I am sure of the civic courage and the important role of the Federal Supreme Court in relation to Brazil, but I must affirm that the Senate has the same civic courage and the same commitment to Brazil,” he said.

When commenting on the vote this Wednesday (22), the president of the Senate once again defended the PEC and reaffirmed the constitutionality of the proposal. The measure was approved by 52 votes in favor and 18 against, and was sent to the Chamber of Deputies for analysis. There is no date for voting yet.

“What we did yesterday in the Senate was to guarantee that a law conceived by the people’s representatives, in both houses of the Legislative Power, the Chamber of Deputies and the Federal Senate – after passing through committees during the debate, listening to society, approved in plenary and sanctioned by a President of the Republic – can only be declared unconstitutional by the Federal Supreme Court,” he added.

Pacheco also stressed that the defense of democracy is not exclusive to the STF and that institutions are subject to changes.

“I want to say here that no one, and no institution, has a monopoly on the defense of democracy in Brazil. Because here from this Senate pulpit I defended the Federal Supreme Court, I defended the Electoral Court, I defended electronic voting machines, I defended the ministers of the Supreme Court Federal, I defended our country’s democracy. I rejected, at all times, anti-democratic arguments, including those that substantiated the 8th of January. We were united in this purpose, but that does not mean that the institutions are immutable, that is, untouchable, in reason for his duties”, said the senator.

Ministers attack the Legislature over the processing of the PEC

Minister Luís Roberto Barroso, president of the STF, began the sequence of attacks on the Legislature by stating that the court “resisted the acts of January 8” and that it now “views the legislative advances” in its actions with concern. “There is no institutionality that can resist if each sector that feels upset by the court’s decisions wants to change the structure and functioning of the Court. Institutions are not sacrificed on the altar of political convenience,” he said.

The dean of the court, Minister Gilmar Mendes, was more emphatic in his criticism and said that the approval of the PEC was a “resurrection of a previously buried corpse” with just a few votes above the limit defined by the Constitution. The criticism was in reference to another similar bill, which was rejected by Congress in 2020. “This Federal Supreme Court is prepared, and I have no doubt, to face once again, and if necessary, the unmeasured attacks and unconstitutional now, eventually, coming from the Legislative Branch”, he said.

He also told Barroso that “it takes pride to reject this type of threat in a very clear way, in a very clear way: this house is not made up of cowards, this house is not made up of fearful people. […] This Federal Supreme Court does not tolerate intimidation.”

Barroso and Mendes’ statements are a reflection of the pressure exerted by members of the Supreme Court before and during the PEC voting process. Behind the scenes, information is circulating that parliamentarians were pressured to change their votes to block the proposal.

Minister Alexandre de Moraes also criticized the approval of the PEC, claiming that discussions of ideas in Congress are important democratic instruments, but that they cannot intimidate the independence of the Judiciary.

“The discussion of ideas, the improvement of institutions, are important instruments of democracy. But not when they hide insinuations, intimidation and attacks on the independence of the Judiciary. Mainly, the independence of this Supreme Court”, said Moraes.

Jaques Wagner’s vote angered ministers

Dissatisfaction with the vote of the government leader in the Senate, Jaques Wagner (PT-BA), in favor of the PEC, brought yet another element to the ministers’ indignation. Behind the scenes, the action was seen as a betrayal by the PT senator of the Court.

During the vote, Wagner also mentioned that his position was “the result of an agreement that removed from the text any possibility of interpreting possible intervention by the Legislature”. “As government leader, I reaffirmed the position of not guiding votes, since the debate does not directly involve the Executive”, wrote the senator on the X network.

The government leader in the House also reinforced his “commitment to harmony between the Powers of the Republic”, in addition to his “respect for the Judiciary and the STF, guarantor of Brazilian democracy and guardian of the Constitution”.

Deputies and senators react to statements by STF ministers

In addition to Pacheco’s statement, senators and deputies criticized the STF ministers’ stance on the PEC on social media. The leader of the opposition in the Senate, senator Rogério Marinho (PL-RN), stated that the House fulfilled its legislative role by approving the matter.

“The Senate fulfills its role in accordance with the Federal Constitution by legislating to improve the functioning of institutions. I sympathize with@rodrigopachecowho conducted a congressional session that approved PEC that prohibits declaring laws unconstitutional monocratically”, said Marinho.

The leader of the opposition in the Chamber of Deputies, Carlos Jordy (PL-RJ), classified Barroso’s statements as “crazy”.

“In response to the PEC that limits exorbitant powers of ministers, Barroso says that it is the STF’s role to enforce the Constitution, preserve democracy and protect fundamental rights, and this role they have been fulfilling. And he ends by saying that there is no reason to change what comes working well. These statements are bordering on madness. Arrogance and detachment from reality!”, said the parliamentarian.

Senator Alessandro Vieira (MDB-SE) cited a statement by Barroso, in 2018, against Gilmar Mendes. At the time, the minister stated that his colleague was a “dishonor to the Court”.

“In view of the speech of the notorious Gilmar Mendes about the PEC, all I can do is quote the current president of the court, in a 2018 session: “Your Excellency shames us, Your Excellency is a dishonor to the court […] He has no idea, he has no patriotism, he is always after some interest other than Justice”, recalled the senator on “X”, formerly Twitter.

For senator Plínio Valério (PSDB-AM), the Legislature acted correctly when approving the PEC. He also criticized Gilmar Mendes’ statements. “The minister feels offended, accuses us of intimidation and says that the Supreme Court is not afraid of the Legislature, all because the Legislature is legislating. When a power fulfills its role, and ours is to legislate, the minister sees this as if it were a provocation”, said the parliamentarian.

Valério’s publication was shared by senator Carlos Portinho (PL-RJ), who agreed with his colleague’s criticisms. “My friend and Senator @PlinioValerio45 said it and said it! No more,” the senator posted.

Federal deputy Nikolas Ferreira (PL-MG) demanded Pacheco’s stance on the case. “The Senate needs to respond appropriately. It is not possible that they will be demoralized live and become inert. @rodrigopacheco, respond appropriately and honor the Legislative Branch,” said Ferreira.

Former federal deputy and former attorney Deltan Dallagnol (Novo-PR) questioned Gilmar Mendes’ statement about the good services provided by the STF. “Gilmar Mendes: “Good services provided by this Supreme Court”. What were the good services provided by the STF?”, asked Dallagnol also through social media.