Toga bench – 06/05/2023 – Dora Kramer
[ad_1]
The statement by the President of the Republic, given a few days ago, that he does not intend to repeat past mistakes in the appointment of ministers to the Federal Supreme Court needs to be better clarified. What exactly would the idea be?
Lula did not explain where he thinks he went wrong, but the choice of a personal lawyer to integrate the court provides a solid clue, almost proof that he considers the independence of magistrates a failure in the exercise of constitutional protection.
By expressing regret, he leaves room for such an interpretation. Worse: it gives an air of veracity to the current version according to which the Executive is considering establishing an alliance with the Judiciary, in order to overcome difficulties with the Legislative Power.
If this intention is confirmed, its translation would be that the government plans to make the STF a shortcut, placing ministers in the condition of pages of the Planalto in the task of compensating for difficulties in dealings with deputies and senators.
It doesn’t seem like it could work. Although today judges are seen as participants in the political struggle and objects of judgment in their decisions, an explicit alliance would obviously be frowned upon, in addition to being aggressive to the principle of equipotent autonomy of the Powers.
In a brief consultation with the inmates of the court, the alleged plan was rejected. It would be “the end of the world”, says a minister. Another reserves the right to remain silent in the face of the idea, which in itself is already a response. A third allows himself a better suggestion than investing in the formation of a Supreme “friend”, something similar to a toga bench.
“It would be better [Legislativo e Executivo] if they understood and didn’t come to us so often, because the Supreme Court is not a law firm. The demands arrive, we are obliged to respond and, with that, we become targets of insults, never of recognition”, analyzes the magistrate.
Messages given, at court it is expected that they will be noted.
PRESENT LINK: Did you like this text? Subscriber can release five free hits of any link per day. Just click the blue F below.
[ad_2]
Source link
