Congressmen say that the Judiciary invades the powers of the Legislature by judicializing issues, such as the release of drugs and abortion
O STF (Supreme Federal Court) and the National Congress have accumulated at least 7 impasses since 2023. Congressmen say that the Judiciary invades the powers of the Legislature by judicializing issues and, according to them, legislating on issues such as the release of drugs and abortion.
Tension has increased in the last year and, in reaction, legislative proposals were presented to limit the powers of the Supreme Court, such as the end of monocratic decisions (those given by just 1 minister) and the establishment of mandates for members of the Court.
DRUGS
The most recent tension between the 2 Powers was on Tuesday (June 25), when the STF authorized the possession of marijuana for personal use.
On the same day, the President of the Chamber, Arthur Lira (PP-AL), created a special commission to analyze the PEC (Proposed Amendment to the Constitution) 45 of 2023which criminalizes the possession and possession of all drugs in any quantity.
Pacheco stated that the Court invades the technical competence of Anvisa (National Health Surveillance Agency) to define what is a drug, in addition to the legislative competence of Congress.
The text was approved by the CCJ (Constitution and Justice Commission) of the Lower House with 47 votes in favor and 17 against
The president of the Senate presented the proposal on September 14, 2023. The reaction took place during one of the resumes of the Court’s trial on marijuana possession, which began in 2015.
The text was approved by the Upper House on April 16, 2024, with ease. In the 1st round, the score was 53 votes in favor and 9 against. In the 2nd round, there were 52 votes in favor and 9 against.
EXEMPTION
On April 25, STF minister Cristiano Zanin considered the payroll and municipal tax exemption to be unconstitutional and overturned, at the request of the president’s government. Luiz Inácio Lula da Silva (PT). The topic has been debated between the Executive (favorable to the measure) and Congress (unfavorable) for more than 1 year, as shown Poder360.
Just 1 day later, on April 26th, the President of the Senate, Rodrigo Pacheco (PSD-MG), filed an appeal with the Supreme Court to revoke the decision. The senator stated that the lawsuit could end “exposing” the Judiciary to “decisions of a political, legal nature, but which interfere with politics”.
“It’s everything we don’t want”he said.
However, after an agreement, again at the request of the government, Zanin suspended for 60 days the effect of the injunction signed by him that suspended the exemption. The decision requires congressmen and members of the PT administration to reach a consensus within the deadline or the measure will come into force.
There is still no definition, since the president of the Upper House returned the MP (provisional measure) that limited the use of PIS/Cofins (Social Integration Program/Contribution for the Financing of Social Security) credits, presented by the government to compensate for the exemption.
Now, the economic team, led by Minister Fernando Haddad (Finance), and the senators are discussing other compensation proposals.
ABORTION
On May 17, 2024, STF minister Alexandre de Moraes suspended a resolution from the CFM (Federal Council of Medicine) that prohibits the use of the fetal asystole technique for the interruption of pregnancies over 22 caused by rape.
The procedure involves injecting potassium chloride to stop the fetal heartbeat and induce an abortion.
At the time, the evangelical bench of the Chamber of Deputies mobilized to advance the PL (bill) 1,904 of 2024which equates abortion after 22 weeks to the crime of homicide.
The urgency of the proposal was approved on June 12, in a symbolic vote, lasting around 20 seconds.
However, the text faced strong negative repercussions outside Congress. In response, the Speaker of the House, together with party leaders, backed down and announced that the debate would only be resumed after Congress’ recess, which begins on July 18.
The trial to decriminalize abortion in the first 12 weeks of pregnancy is also before the Court.
Retired minister Rosa Weber, then the judge’s rapporteur, received the process in March 2017, but only scheduled it for September 22, 2023, a week before retiring.
On December 20 of the same year, about 2 months after assuming the presidency of the STF, Minister Roberto Barroso he said that will guide abortion “at any moment” of his presidency at the Court, “but not in the short term”.
CHIQUINHO BRAZÃO PRISON
On April 10, the Chamber maintained, by 277 votes in favor and 129 votes against, the arrest of the federal deputy Chiquinho Brazão (no party-RJ), accused of having former councilor Marielle Franco (Psol-RJ) and driver Anderson Gomes killed in 2018. 257 votes in favor were needed.
According to the Federal Constitution, a congressman can only be arrested during his term if he is caught in the act of committing a non-bailable crime.
After receiving the complaint against a senator or deputy, the STF will inform the respective House. This House, on the initiative of a political party represented in it and with the majority of votes of its members, must vote in the CCJ and then in the plenary whether to maintain or annul the arrest.
Chiquinho Brazão was arrested on March 24, 2024, during a PF (Federal Police) operation authorized by Alexandre de Moraes.
The maintenance of Brazão’s imprisonment passed by a narrow margin in the Lower House. Some congressmen indicated that the imprisonment would be unconstitutional, since Brazão was not a congressman at the time of the crime.
They claimed that Moraes’ action would set a precedent for other similar arrests. However, due to the negative repercussions of the case, they voted in favor of the arrest, but made internal agreements not to authorize more actions of this type from the Court.
TIME MARK
The Senate approved on the night of September 27, 2023, by 43 votes to 21, PL 2.903which, among other points, establishes the thesis of the time frame for the demarcation of indigenous lands.
In the text, these people could only claim land that was in their possession on October 5, 1988, the date of promulgation of the Federal Constitution, or that was under legal dispute at that time.
Earlier on the same day, the Supreme Federal Court defined the rules that will be set for the Court in decisions dealing with disputes over indigenous lands. In a session on September 21, the Court determinedby 9 votes to 2, the unconstitutionality of the thesis.
On October 20, Lula vetoed the section of the PL on the temporal framework. On December 14, in defeat for the government, Congress took down the act of the Chief Executive.
The demolition was led and coordinated by the agribusiness group, which is against the expansion of demarcations of indigenous lands in the country.
Read too:
#tension #Powers #STF #Congress #impasses
Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a little bit, but instead https://brazzers.pw/ of that, this is excellent blog. A fantastic read. I’ll certainly be back.