Senate tries to worsen architecture that was already disfigured – 11/22/2023 – Bruno Boghossian

Senate tries to worsen architecture that was already disfigured – 11/22/2023 – Bruno Boghossian

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When a country designs its political structure, the institutional architecture that must balance power relations is created. A president can veto a bill, Congress can override this veto, and a STF minister, appointed by the president and approved by the Senate, can restore everything as it was.

The idea is that each side has tools that serve as counterweights to the others to prevent abuse and produce stability. Occasionally, some authority would feel harmed. There would be weeping and gnashing of teeth, but, in the end, the objectives would be guaranteed in the aggregate.

Congress’s attempt to restrict the power of the STF indicates that this architecture has become deformed in recent times and tends to become even more disfigured. The Senate approved this Wednesday (22) the proposal that limits individual decisions and creates rules to make it difficult to request a view, which interrupts court trials.

The court is not innocent. Many missteps committed by the Supreme Court had the mark of the private will of some ministers, who hijacked cases in their drawers or released pens without submitting them to the plenary review.

In fact, the court would be better off acting only collegially. The STF itself moved in this direction by establishing deadlines for individual decisions to be taken to the other ministers. But it would be naive to believe that Congress decided to improve the court’s design on a disinterested impulse.

The Senate only decided to move after the court ended the billion-dollar spree of rapporteur amendments and paved the way for decriminalizing the use of marijuana. The cases involved collegiate trials, but provided fuel for parliamentarians’ retaliation.

In practice, congressmen want to neutralize one of those uncomfortable counterweights that limit their power. The court, in turn, wants to maintain a bloated authority. Most likely, in the end, the building will remain crooked.


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