In a PEC written when he was a deputy, the minister asked for a period of 3 years for former STF judges to assume political positions
When he was a federal deputy, the Minister of Justice and Public Security, Flavio Dinotook to the Chamber of Deputies a PEC (Proposed Amendment to the Constitution) that would prevent the appointment of his successor in office, Ricardo Lewandowski.
In your text, the PEC 342/2009 proposes that a minister of the STF (Supreme Federal Court) can only assume a political position after a period of 3 years, counting from the last day of the magistrate's term of office. Lewandowski ended his term in April 2023 and was appointed to the position on Thursday (11 January 2024). Therefore, he would be blocked by Dino's proposal.
“The minister of the Federal Supreme Court is prohibited from holding positions on a commission or holding elective mandates in any of the Powers and entities of the federation for up to three years after the end of the mandate”, says the PEC. Here's the complete of the document (PDF – 21 KB).
Dino's text also established a deadline of 11 years for the term of office of a Supreme Court minister and suggested a new model for the composition of the Judiciary:
- 5 ministers appointed by the President of the Republic, with a choice made by 3/5 of the Federal Senate;
- 2 by the Chamber of Deputies;
- 2 by the Federal Senate;
- 2 by the Federal Supreme Court.
Today the proposal is attached to another measure being processed in the Chamber, the PEC 484/2005, which deals with the system for choosing STF ministers. The text is in the process of being analyzed by the CCJ (Constitution and Justice Commission) of the Legislative House.
O Power360 consulted Flávio Dino's advisors to question how the minister currently evaluates the proposed measure, but received no response until the last update of this publication. The space remains open.
LEWANDOWSKI IN COURT
The president Luiz Inácio Lula da Silva (PT) made it official on Thursday (11 January) that retired STF minister Ricardo Lewandowski, 75 years old, will take over the Ministry of Justice and Public Security. He will fill the vacancy left by Dino, who was nominated by the PT member and approved by the Senate to join the Supreme Court.
The minister was appointed to the STF by Lula during his first term as President of the Republic, in 2006, and took office on March 16 of that year, taking over the vacancy left by Carlos Velloso. He completed 17 years in office.
Read a summary of the trajectory of Lula's new Minister of Justice and Public Security:
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