Minister Luís Roberto Barroso, of the Supreme Federal Court (STF), returned on Monday, 21, the request for a review responsible for the suspension of the judgment on the constitutionality of the law that granted autonomy to the Central Bank. Voting will resume on the Court’s virtual plenary – a platform where votes are cast remotely for a week – this Friday, the 25th, and may extend until August 2, due to the recess of the Judiciary, which begins on the day July 1st.
The ministers will issue their opinions on the challenge presented by two opposition parties – PT and PSOL -, in the Direct Action of Unconstitutionality (ADI) No. 6696, which ask for the reversal of the legislation as they understand the Congress’s “initiative vice” in the formulation of the law – when a project is created outside the competence of the responsible Power.
Sanctioned by the President of the Republic, Jair Bolsonaro, in February this year, Complementary Law 179/2021 restricts the federal government’s powers over the maximum authority of the country’s monetary policy.
The measure, however, is criticized by the Attorney General of the Republic, Augusto Aras, and the rapporteur of the action in the Supreme Court, Minister Ricardo Lewandowski, who agree with the reading made by the opposition acronyms that the law could not have originated in the Senate Federal, authored by senator Plínio Valério (PSDB-AM).
The Central Bank is a State agency linked to the Federal Executive, so it would be up to the President of the Republic to present bills that propose the alteration of the entity’s norms, and not to the National Congress, as happened.
So far, Minister Lewandowski was the only one to cast his vote, in which he stated that it is evident that “any disciplinary rule for the performance of the entity in question or the manner of admission and dismissal of its directors can only be formulated or modified at the initiative of the President”.
According to the rapporteur, this type of matter cannot be elaborated in either of the two legislative houses of the federation, “under penalty of creating turmoil in the management of the Federal Public Administration, which would be subject to the oscillating moods of the members of Congress captured by majorities occasional”.
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