The Supreme Court’s August agenda is marked by cases involving newspaper liability, breach of confidentiality and labor issues
The Judiciary’s recess has officially ended and the STF (Federal Supreme Court) will resume in-person trial sessions this Thursday (August 1, 2024). On the agenda for the day is the analysis of the “PEC das bemidas”, from 2022, which instituted a state of emergency due to the extraordinary increase in fuel prices and expanded the payment of social benefits.
On the same date, the Court may judge 3 other actions. One of them, filed by Open (Brazilian Association of Internet Providers), questions the law in Mato Grosso that requires internet companies to disclose, monthly on their invoices, the daily amount of speed delivered.
Also on the agenda are actions that question provisions of a law of the State of Goiás that establishes guidelines for the State’s education system, and whether the Pará Public Accounts Ministry has administrative and financial autonomy.
Under the management of President Roberto Barroso, the Court has been releasing all the agendas that should be judged over the course of the following month. Some highlights for August are the analysis of declaratory appeals in the case of holding newspapers accountable and breaking the confidentiality of digital information. Read below:
On the agenda for the 1st session of the semester, on August 1st, is an action presented by the New Party against the EC (Constitutional Amendment) 123also known as the “PEC of kindness”. According to the party, there was a defect in the processing of the proposal because it suppressed the right of congressmen to amend, violating the right to stability of the electoral process and the annual nature of the elections.
The caption said that the rule sought to effect the free distribution of goods in an election year, which “affects the freedom of vote and undermines the safeguard of the annuality already in place”. Here is the full from the acronym’s petition, from July 2022 (PDF – 879 kB).
The following week, on August 7, the Court will analyze an appeal against the thesis defined by the Supreme Court in 2023 that holds newspapers responsible for statements made by interviewees.
In November of last year, the collegiate decided that journalistic companies of any nature can be held civilly liable for injury, defamation or slander because of statements made by people interviewed.
A general repercussion thesis was also established, which should be used as a guideline by other instances for judgments of similar cases. The specific case analyzed an action that deals with an interview published in 1995 by the newspaper Pernambuco Diary.
The text of the thesis, however, was criticized by newspapers and journalism entities, and appeals were filed to have its wording modified.
The breach of confidentiality of digital information is scheduled for the same day. The Court must analyze a case presented by Google against the decision of the STJ (Superior Court of Justice) that authorized the breach of confidentiality of data from people who searched for information about councilwoman Marielle Franco (Psol) before her murder in March 2018.
On August 8, the Court only has two items on its agenda, dealing with religious freedom. The judges will dedicate themselves to hearing statements from the parties in the cases that deal with whether freedom of belief can justify the State paying for medical treatment.
On August 14, another issue involving health may be judged: the application of the Elderly Persons Statute to health contracts signed before its validity, in 2003. The possibility of increasing the monthly fee according to the beneficiary’s age will be analyzed.
LABOR ISSUES
As the month draws to a close, the Court is expected to turn its attention to labor lawsuits. On August 21, it is scheduled to hear a lawsuit regarding Congress’ alleged failure to regulate the protection of workers against automation.
On the same day, the trial regarding the presidential decree that removed the Convention 158 from the ILO (International Labour Organization), which does not allow the dismissal of an employee without just cause.
Furthermore, there are 3 other actions on the agenda regarding the constitutionality of the employment contract with sporadic provision of services, established by labor reform2017.
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