According to the Attorney General of the Republic, acts signed by Lula should not be questioned by the ADPF
The PGR (Attorney General of the Republic) manifested itself this Friday (28.Apr.2023) contrary to the request of the Novo party made to the STF (Federal Supreme Court) questioning 2 decrees of the president Luiz Inacio Lula da Silva (EN) on basic sanitation. Here’s the full of the demonstration (235 KB).
Faced with the request for an opinion from the Supreme Court, the Attorney General of the Republic, Augusto Aras, took a stand for the inadmissibility of the ADPF (Argument of Breach of Fundamental Precept) as it does not fit “allegation of non-compliance with a fundamental precept when the contested normative act has a regulatory nature and does not refer directly to the text of the Federal Constitution”.
The STF, given the above, will decide whether or not to accept Aras’ understanding. The Court’s request to the PGR, made by the rapporteur of the action, Minister Luiz Fux, is part of the procedure, that is, it complies with the procedural rite in progress before the magistrate takes a position on the party’s request.
The ADPF, filed at the beginning of this month, does not have a (provisional) injunction. At the same time, Fux awaits the manifestation of the Union, via AGU (Attorney General of the Union).
According to Aras, “Most of the topics addressed in the decrees consist of technical details of basic sanitation services on which the Federal Constitution does not provide for the respect that questions the decrees 11,466/2023 It is 11,467/2023of the Presidency of the Republic.
“Standards regulate the Law 11.445/2007known as the legal framework for basic sanitation”explains a note from the PGR.
Still according to the PGR, Novo’s action fails to comply “the rule of subsidiarity, according to which ‘an allegation of non-compliance with a fundamental precept will not be admitted when there is any other effective means of remedying the harmfulness’”. The ADPF has been in Fux’s office since April 13.
Aras also opined against the request for a precautionary measure made by the New Party to suspend the decrees. He understands that, as these are eminently technical measures, it would be prudent for the STF to hear the President of the Republic and the responsible bodies about the reasons for issuing the acts.
In addition, it points out that, as there will be a preliminary conciliation hearing in May, there is no risk of irreparable damage or difficult repair that the validity of the questioned decrees may entail.
UNBEATABLE IN THE CONGRESS
Both presidential decrees started a crisis between Congress, with the approval of the president of the Chamber, Arthur Lira (PP-AL), and Planalto Palace. Lira publicly questioned Lula’s actions. Earlier this week, the Lula government suggested a dialogue with the Legislature and Judiciary to reach an agreement.
How did the Power360, Lira agreed with leaders of the Chamber to withdraw from the vote on the urgency of PDLs (Legislative Decree Projects) that aim to stop presidential decrees. The changes taken by the president are aimed at regulating states for the universalization of basic sanitation, whose goal is 2030.
The activity, according to federal law enacted in 2021, empowers the private sector through PPIs (Public Private Partnerships). With the documents signed by the PT and published in the GIVE (Official Diary of the Union), state-owned companies are now able to carry out universalization services.
The next dialogue around the dispute, however, tends to be only on May 23, when a conciliation hearing is scheduled at Fux’s office.
“[…] In view of the relevance of the subject and the judgment, by the Federal Supreme Court, of the constitutionality of the Legal Framework for Basic Sanitation, I designate the holding of a preliminary conciliation hearing before appreciating the preliminary injunction, to be held on Tuesday, the 23rd /05/2023, at 2:00 pm, in this Rapporteur’s office”decided the minister last week.
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