Minister defends the powers of monocratic decisions; speech of this 5th (23.nov) is a reaction to the PEC approved by the Federal Senate
The minister of STF (Supreme Federal Court) Alexandre de Moraes spoke this Thursday (23.Nov.2023) about the approval of PEC (Proposed Amendment to the Constitution) 8 of 2021, which limits the democratic decisions taken by the Court, in the Senate. According to the minister, the Supreme Court will demonstrate “courage” in defense of the main guarantee of the Judiciary “in defense of society”.
“Several urgent decisions during the pandemic were given by preliminary measures by the rapporteurs and then immediately endorsed by the collegiate, and this saved countless lives during the pandemic”declared the magistrate during the STF session this Thursday (Nov 23).
Before Moraes, the President of the Court, Minister Roberto Barroso, and the Dean, Minister Gilmar Mendes, also spoke about the PEC approved in the Upper House.
In his statement, Moraes took up Gilmar’s statement that, during the acts of vandalism against Praça dos Três Poderes on January 8, there was also a need for preliminary decisions endorsed by the plenary of the Supreme Court.
Moraes also said he agreed with Gilmar’s statement that the Court is not composed of “cowards” or “fearful”.
Watch (3min19s):
UNDERSTAND
The proposal approved in the Senate was authored by the senator Oriovisto Guimarães (Podemos-PR). The original proposal aimed to limit monocratic decisions and requests for review (more time for analysis). However, the section that changed the rule on view requests (extra deadline) was removed.
Monocratic decisions are made by a single minister, unlike collegiate decisions, taken jointly.
The PEC prohibits ministers from giving monocratic decisions that suspend:
- effectiveness of laws;
- normative acts (commands from the Executive Branch for the correct application of laws); It is
- acts of the President of the Republic, the Senate, the Chamber and Congress.
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