STF starts judging Amapá law establishing Bolsa Rent Program – News of Brazil
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The Federal Supreme Court (STF) began judging, on Thursday (16), the Direct Action of Unconstitutionality (ADI) 4727, against the law of the state of Amapá that authorizes the state government to institute the Bolsa Rent Program. The benefit, instituted by law on the initiative of the Legislative Assembly, is intended for the payment of property rent to families with a per capita income of up to three minimum wages who live in an imminent risk situation or whose property has been affected by a catastrophe. The collegiate considers that the creation of the program does not violate the Constitution, but is divided in relation to the possibility of the Legislature setting a deadline for the regulation of the law.
In the action, the state government questions the provision of State Law 1600/2011 regarding the use of the minimum wage as a reference for the benefit. It also alleges that the creation of an obligation on the Executive Branch by law on the initiative of the Legislature violates the principle of separation of Powers and contests the setting of a deadline (90 days) for the regulation of the rule.
Roof
The ADI rapporteur, Minister Edson Fachin, rejected the allegation of unconstitutionality due to its connection to the minimum wage. He noted that the law does not establish the minimum as an index, but as a ceiling for the value of the benefit, which is not prohibited by the Federal Constitution.
right to housing
Fachin also understood that there is no violation of the principle of separation of powers, as the law does not create, extinguish or change local public administration bodies. He observed that, as it is addressed to the Executive, it does not mean that the law has to be the exclusive authorship of the governor.
In this case, the Legislative Assembly limited itself to establishing requirements to guarantee the right to rent subsidy for people in vulnerable conditions. “The norm therefore meets the social right to housing, provided for in the Federal Constitution”, he said.
Fachin recalled that, according to the case law of the STF, the Legislature cannot set deadlines for the Executive to regulate laws. However, the state law aims at the realization of the fundamental social right to housing. Due to this circumstance, the establishment of a deadline for its regulation is possible.
This position was followed by ministers Alexandre de Moraes, Luiz Fux and Marco Aurélio (retired), who cast a vote when the process was based on a virtual session.
Divergence
The divergence was presented by Minister Gilmar Mendes. According to him, setting a specific deadline for the Executive violates the principle of separation of powers, regardless of the purpose of the law. This current is integrated by ministers Luís Roberto Barroso, Dias Toffoli and Ricardo Lewandowski and by minister Rosa Weber.
The trial will continue next Thursday (23), with the vote of Minister Cármen Lúcia and Minister Nunes Marques. For the declaration of unconstitutionality of a normative act, an absolute majority quorum (six votes) is required.
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