Senate will vote on PEC that limits STF powers next week

The Senate will debate this Thursday (19), starting at 11 am in the House plenary, the Proposed Amendment to the Constitution (PEC) 8/2021, which imposes limits on monocratic decisions in the higher courts. President Rodrigo Pacheco (PSD-MG) informed the leaders that he intends to speed up the processing of the proposal by senator Oriovisto Guimarães (Podemos-PR), approved in record time by the Constitution and Justice Commission (CCJ) at the beginning of this month. In addition to the discussion, the text will be submitted to the plenary next week.

PEC 8/2021 is considered an immediate reaction to judicial activism by prohibiting the granting of a monocratic decision by ministers of the Federal Supreme Court (STF) and other higher courts that suspend the effectiveness of a law or normative act with general effect or that suspend an act of the presidents of the Republic, the Senate, the Chamber or Congress. The proposal also establishes that requests for review — the period to study a given process — must be granted collectively and for a maximum period of six months.

Senator Eduardo Girão (Novo-CE) told People’s Gazette that there is great expectation for the approval of the PEC of monocratic decisions this month, anticipating the initial forecast of only taking place in November.

The rest of the so-called package to contain the STF will then be taken to the plenary, with projects to limit the term of office for Court ministers and set a minimum age for its new judges. In this vein, the project by senator Jorge Kajuru (PSB-GO) to put an end to the re-election of mandates in the Executive will also be evaluated.

Last Saturday (14), in Paris, during the 1st International Esfera Forum, Pacheco defended in his speech the attribution and legitimacy of the National Congress. In front of the STF’s dean minister, Gilmar Mendes, the senator made it clear that there would be a reaction from the Legislature against the invasions of the Judiciary’s jurisdiction, such as decisions on sensitive topics, such as drug consumption, abortion rights and private property rights.