PEC that limits individual decisions in the STF undergoes third discussion in the Senate

The Proposed Amendment to the Constitution (PEC) that limits monocratic decisions and requests for review in the Federal Supreme Court (STF) underwent its third session of discussion in the Senate plenary this Tuesday (31). Five sessions are needed until voting in the first round. The discussions began on October 19th when the president of the Senate, Rodrigo Pacheco (PSD-MG), promoted a plenary session dedicated to the topic.

Presented by senator Oriovisto Guimarães (Podemos-PR), PEC 8/2021 prohibits the granting of a monocratic decision that suspends the effectiveness of a law or normative act with general effect or that suspends acts of the presidents of the Republic, the Senate, the Chamber of Deputies or the National Congress, informed the Senate Agency.

A monocratic decision is one made by just one magistrate — as opposed to a collegiate decision, which is taken by a group of ministers (higher courts) or judges (second instance courts).

The proposal also establishes a deadline for requests for approval, which must be granted collectively for a maximum period of six months, with the possibility of a single renewal, limited to three months. Currently, each minister can request a review individually, without a specific deadline, which makes successive requests possible for an indefinite period of time.

Pacheco has already defended the processing of the proposal. “There were many tests that our institutions underwent. Presidential removals, health crisis and, more recently, the attempt to subvert the constitutional order itself. But our institutional structure proved to be robust, strong and vigorous. It remained intact despite the attacks. The Judiciary is one of the pillars of our democracy. And let us not forget, he played a fundamental role in defending the constitutional order in the face of recent threats”, said the senator on the 19th.