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Supreme Court chief criticizes political intentions behind ‘anti-STF package’ | policy
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Supreme Court chief criticizes political intentions behind ‘anti-STF package’ | policy

After the lower house put forward proposals to limit the Supreme Court’s powers, Justice Luís Roberto Barroso said the institution had served Brazil well in its 36 years under the current constitution and should not be changed for “circumstantial political interests.”

The Supreme Court’s statement highlighted tensions between branches of government caused by the recent votes. However, sources say Lower House Speaker Arthur Lira may not proceed with the legislative process for these proposals despite pressure from opposition lawmakers.

“Institutions that function well and fulfill their mission should not be manipulated due to political circumstances and electoral cycles,” said Judge Barroso at the opening of the session on Thursday (10). “We continue to steadfastly defend democracy, pluralism, and independence and harmony between branches of government,” he added.

Mr Barroso acknowledged that the Court was prone to errors and open to criticism and improvements. “However, when the purpose of a Constitution is to ensure majority rule, the rule of law and fundamental rights, and when its guardian is the Supreme Court, we can take comfort in the fact that the Court has fulfilled its role and served the Constitution. “The country has developed well in the 36 years since the 1988 Charter came into force.”

Following Mr. Barroso’s remarks, STF Chief Judge Gilmar Mendes reiterated the importance of the judiciary to democracy and Brazilian institutions. “If politics has returned to a state of normality, this is also thanks to the decisive action of this Court, which has done no more and no less than its duty to defend democracy, the rule of law and fundamental rights.”

The day before, the Constitutional and Justice Committee (CCJ) of the House of Commons, with the support of Centrão, a group of center-right parties and part of the government’s allied base, approved two proposals to amend the Constitution (PEC) and two draft laws called Anti-STF package is known.

One PEC allows Congress to overturn court decisions, while the other limits monocratic decisions. The bills generally expand the grounds for removing Supreme Court justices.

Despite the committee’s approval, Mr. Lira has told the court’s justices that he has no intention of supporting congressional actions that are viewed as retaliatory measures against the judiciary. For the PECs to move forward, they must go through a special committee appointed by Mr Lira. The bills require a plenary vote to be scheduled, also under the prerogative of the speaker.

Those measures were supported by allies of former President Jair Bolsonaro and gained traction in August after Mr. Lira was frustrated with STF judge Flávio Dino’s suspension of budget allocations due to transparency concerns. At the time, Mr. Lira denied any retaliatory intentions to the court.

People familiar with the matter suspect that Mr. Lira is trying to avoid conflict with the STF in this final phase of his term in office to avoid additional hurdles in negotiating a solution to resume payment of congressional appropriations.

Opponents of President Lula claim that even if Mr Lira delays progress on the package until the end of the year, he could raise the anti-STF package and the bill on amnesty for participants in coup protests during talks to secure a successor. These issues are a priority for the opposition.

Behind the scenes, members of the Centrão believe that the special committees for the PECs are unlikely to be formed quickly. The speaker is expected to put the matter on hold. However, they acknowledge that these issues may resurface in follow-up discussions.

Luís Roberto Barroso – Photo: Rosinei Coutinho/SCO/STF
Luís Roberto Barroso – Photo: Rosinei Coutinho/SCO/STF

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