STF minimizes PEC that restricts monocratic decisions – 10/07/2023 – Panel

The proposed amendment to the Constitution that limits monocratic decisions by ministers of the Federal Supreme Court and establishes collective granting of request for review is viewed with little concern within the court, which remembers that there are already rules in force on the topics in the STF’s internal regulations.

The PEC was approved in less than 1 minute on Wednesday (4) by the Senate’s CCJ (Constitution and Justice Commission). The text determines that the request for a review must be granted collectively and for a maximum period of six months, with the possibility of extension for another three — nine months, in total.

Last year, an amendment to the internal regulations set the maximum period for requests made by ministers at 90 days.

In a public demonstration, the president of the STF, Luís Roberto Barroso, stated that “the issue of collegiality is very important”, but that he believes that the issue was resolved “by a recent decision led by minister Rosa Weber” —his predecessor in the post—, in reference to the approved change.

The PEC also establishes that monocratic decisions could not suspend the effectiveness of a law or norm of general repercussion or act of the President of the Republic, the Senate or the Chamber.

Furthermore, these individual decisions would only be allowed during the Judiciary’s recess, in cases of serious urgency or risk of irreparable damage — even so, the court would need to analyze the case within 30 days after resuming work.

The amendment to the rules determined that the rapporteur immediately submits monocratic decisions involving arrest, removal from public office or interruption of any government policy to the plenary —preferably virtual— or to the class. If it involves arrest, the deliberation must take place in person.

The text that must be written about mandates is a little more thorny, in the opinion of ministers. The president of the Senate, Rodrigo Pacheco (PSD-MG), defends that he should address the minimum age, term of office and a quarantine for ministers who leave the court — arguing that this would be important so that he could not act in actions taking place in the STF. The measure displeases some members of the court.

Behind the scenes, some also express concern about the possibility that parliamentarians want to change the way in which ministers are appointed, currently concentrated on the President of the Republic.

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