Understand conflict between STF and Congress in 5 points – 10/04/2023 – Power

The tension between the National Congress and the STF (Supreme Federal Court) has increased in recent weeks, with parliamentarians protesting by obstructing votes in the Legislature, and with the lightning-fast analysis of a project that limits the action and scope of the court’s decisions.

The crisis between the Legislature and the Judiciary was intensified after a series of votes by the court on issues such as the time frame, which is being processed as a bill, the decriminalization of drugs and the authorization of abortion for up to 12 weeks after conception.

This Wednesday (4), the Senate’s main committee voted on a final vote on a PEC (Proposed Amendment to the Constitution) limiting requests for review and monocratic decisions in the higher courts. The President of the House, Rodrigo Pacheco (PSD-MG), this week again defended the creation of a mandate for ministers.

Another PEC, which would authorize Congress to overturn decisions made by the Supreme Court, was also processed again last week.

Also this Wednesday, the president of the Chamber of Deputies, Arthur Lira (PP-AL), said that the Powers of the Republic would need to remain within constitutional limits, stating that he was “absolutely certain” that Congress obeys them.

Understand in five points the main focuses of the conflict between the Brazilian Supreme Court and the National Congress:

Voting on controversial topics

During her last weeks heading the Supreme Court, retired minister Rosa Weber guided a series of actions considered controversial.

Among them are the authorization for unions to charge assistance contributions to non-members, the unconstitutionality of the time frame for the demarcation of indigenous lands, the decriminalization of drug possession for personal use and abortion within 12 weeks after conception.

These votes received criticism from parliamentarians, who saw the court as interfering in legislative activity. In response, Rosa defended the analysis of topics considered taboo by the courts.

From then on, there were several repercussions. Pacheco filed a PEC prohibiting the possession and possession of any drug, regardless of quantity. The Senate approved the project for the time frame for the demarcation of indigenous lands, in a quick vote — the text awaits approval from President Lula (PT).

Mandate of ministers

On Monday (2), Pacheco once again defended that Supreme Court ministers have a mandate, in addition to raising the minimum age for entry to the court. He also said that the Senate could begin discussing the matter after Lula’s appointment of Rosa’s replacement.

Currently, STF judges hold a position for life, remaining until retirement at age 75. The minimum age for admission to the court is 35 years old.

The following day, minister Gilmar Mendes reacted to the Senate president’s speech, and stated that “from what is being said, the proposal will be accompanied by the allotment of vacancies, to the benefit of certain bodies”, which further strained the relationship between the two Powers.

Limitation for monocratic decisions

With the intensification of the crisis between the Legislature and the Judiciary, the CCJ (Constitution and Justice Commission) of the Senate approved this Wednesday, in a vote lasting less than a minute, PEC limiting monocratic decisions and requests for review in higher courts.

The measure still needs to be approved in the plenary of the House and in the Chamber to be valid. It provides that individual decisions cannot suspend the effectiveness of normative acts of the Presidents of the Republic, the Senate and the Chamber, except in cases of serious urgency or risk of irreparable damage during the recess.

The measure also establishes the granting of requests for review collectively — and not individually, by each judge — for a maximum period of six months, with an extension for a further three.

Overturning decisions by Congress

Last week, a PEC also began to be processed in the Chamber, which, if approved, would allow Congress to overturn Supreme Court decisions. The proposal received 175 signatures, four more than necessary to enter Legislative discussions.

The text states that court decisions that “exceed constitutional limits” could be suspended if a decree is approved in two rounds, by 308 deputies from the Chamber and 49 votes from the Senate.

Barroso’s understanding

Luís Roberto Barroso, current president of the Supreme Court, said this Wednesday that he does not see this moment as ideal to make changes to the court. He said that the court “perhaps is one of the institutions that has best served Brazil in preserving democracy” and that “it is not time to move.”

He also stated that he viewed the reversal of the court’s decisions with caution, “especially because we already had a precedent in Brazilian history, which was the Constitution of 1937, during the Vargas dictatorship.”

Regarding terms of office for ministers, he recalled that there was a discussion in this regard when the 1988 Constitution was produced, and that a lifetime option was chosen.