Senator says that monocratic decisions are “crazy” and “absurd”

Senator Esperidião Amin (PP-SC) said, this Friday (25), that the monocratic decisions of the Federal Supreme Court (STF) cause legal uncertainty. The statement was made during an interview with CNN. For the parliamentarian, who was the rapporteur of the STF’s PEC, monocratic decisions are “crazy” and “absurd”.

“It is absurd, institutional madness, that a law approved by two bodies, the Chamber and the Senate, and approved by the President of the Republic, is overturned by a minister and not by the Judiciary, which is the Federal Supreme Court (STF)”, said the rapporteur of the proposal.

The STF’s PEC was approved on Wednesday (22), in the Federal Senate, with 52 votes in favor and 18 against in the first and second rounds of deliberation. The measure is a reaction by Congress to block the STF’s judicial activism. After approval in the Senate plenary, the proposal goes to the Chamber for evaluation.

A statement similar to that of the Amin Senate was made by former president Jair Bolsonaro (PL) before an event in Rio de Janeiro. “The Senate decided. I didn’t see anything special in the PEC. What does the PEC say? Translating for everyone to understand: what 594 people debate over years and then the president sanctions or vetoes, and Congress overrides the veto, they don’t want one person to just decide and overturn the work of these almost 600 people,” said Bolsonaro.

“It only requires one thing: a collegial decision”, says senator about the STF’s PEC

The approval of the PEC by the Senate motivated the reaction of STF ministers who began to attack the Legislature. “This Federal Supreme Court is prepared, and I have no doubt whatsoever, to face once again, and if necessary, the disproportionate and unconstitutional attacks now, eventually, coming from the Legislative Branch”, said Minister Gilmar Mendes.

However, in an interview, Senator Amin said that there is no intention of disrespecting the STF with the approval of the PEC. “It only requires one thing: a collegial decision by the Supreme Court. And we will respect it”, highlighted the senator.

The STF’s PEC intends to limit monocratic decisions, which are handed down by just one judge. They are opposed to collegiate decisions – those that are taken by a group of ministers either in higher courts, such as the STF, or in second instance courts, by judges.

Another central point of the proposal is the deadlines for requests for views. Currently, each minister can request a review individually, without a specific deadline. Upon approval of the PEC, the terms will be granted collectively for up to six months, with the possibility of a single renewal, limited to a further three months. “Now, if it is a monocratic decision, it can last 10 years. A request for a view can last five years. This is legal uncertainty. And this type of situation that we are still experiencing today does not contribute to legal security or honesty”, reinforced the senator from Santa Catarina.