11/24/2023 – 19:41
Former president Michel Temer (MDB) stated this Friday, 24, that the proposed amendment to the Constitution (PEC) that limits the powers of the Federal Supreme Court (STF), approved by the Senate, is not a reason for conflicts between the National Congress and the Court and that the Judiciary “is responsible for judging”. Temer’s statement took place alongside the president of the House, Rodrigo Pacheco (PSD-MG), at an event in São Paulo.
Temer stated that the Powers adopted a stance of “one against the other” and that the PEC, approved this Wednesday, 22, is not a reason for conflicts. The former president and Pacheco received a Medal of Honor for Legal Merit at the Armando Alvares Penteado Foundation (FAAP).
“There is no reason for this conflict that is being announced, and it is being announced because in Brazil the custom of one against the other has been adopted. So, when an issue like this arises, between the Senate and the Federal Supreme Court, the general rule of one against the other applies and makes a fuss about it,” he stated.
Temer also stated that the Judiciary “is responsible for judging” and said that political power is concentrated in Congress. “It is up to the Judiciary to judge. He judges and in judging he does so. Either literally, when the letter of the Constitution is blatant, or systemically, when the constitutional system allows certain decisions,” he said.
Pacheco said the ministers’ reaction was ‘disproportionate’
During the event at FAAP, Pacheco classified the reaction of the STF ministers as “disproportionate” and said that the purpose of the PEC is to establish a balance between the Three Powers.
“The sole purpose (of the PEC) is to establish a balance between the Powers, a basic and very simple essence of what this constitutional amendment is, the reaction to which was absolutely disproportionate and unaware of its merits,” said Pacheco.
The amendment proposal was authored by senator Oriovisto Guimarães (Podemos-PR) and establishes that the monocratic decisions of the STF (made by a single minister) that suspend laws approved by the Legislature. The measure also applies to standards analyzed by state courts. The text requires that these actions must be voted on by at least six of the 11 ministers.
Temer said he disagrees with the PEC but defends Congress’ last word
Last week, Temer said at another event that he disagreed with the PEC, but that the STF needed to make changes on its own. “This is a typical matter in the Supreme Court’s internal regulations. He has already decided that requests for review cannot exceed a period of 90 days, and the regulations could also provide for (a limitation on) monocratic decisions”, stated the former president. The section that changed the rule for review requests (extra time for analyzing a process) was removed from the PEC.
On the same day, the emedebista proposed a “solution” to tensions between the Courts and parliaments, highlighting the “last word” of the Legislature. According to Temer, the STF can “pull the ear” of the Legislature, but the last word must belong to the National Congress.
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