Brasilia (AFP) – The Supreme Federal Court (STF) of Brazil rejected this Thursday the proposal introduced in Congress to limit the individual powers of its judges, warning that it could represent a “democratic setback”.
First change: November 24, 2023 – 11:35 a.m. Last change: November 24, 2023 – 11:34 a.m
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“Institutions will not be sacrificed at the altar of political expediency,” said Luís Roberto Barroso, president of the STF, in a statement on behalf of the country’s highest court at the opening of the plenary session this Thursday.
The day before, the Brazilian Senate approved the project that prohibits “monocratic decisions” by the eleven members of the STF in favor of a “collegial decision” by a majority.
If approved, the legislative initiative would mean a change to the constitution.
The STF “views with concern the legislative progress regarding its measures” after “the verbal attacks (by the government of Jair Bolsonaro) and physical attacks” regarding the uprising of supporters against the headquarters of the state power in Brasilia on January 8th January the former president (2019-2022).
The former far-right president constantly clashed with judges over decisions that went against his interests and even threatened them.
The Supreme Court warned that “in all countries that have recently experienced democratic retreat, the erosion of institutions began with changes in the supreme courts.”
The initiative, which has yet to be debated in the Chamber of Deputies, represents a new confrontation between powers following controversial decisions on indigenous territories.
“It is inevitable that the Supreme Court will displease political, economic and social sections because of its approach to controversial issues,” the STF president added.
But “there is no institutional framework that can resist if every sector, upset by the Court’s decisions, wants to change its structure and functioning.”
Judge Gilmar Mendes, in turn, assured that the “court does not accept intimidation” and is ready “to face again excessive and unconstitutional attacks if necessary.”
For his part, Judge Alexandre de Moraes, also president of the Superior Electoral Court (TSE) and once a favorite target of Bolsonaro, assured that the court “is not made up of cowards or fearful people” and will therefore “show courage” to defend the independence of the judiciary.
The President of the Upper House, Rodrigo Pacheco, allied to the government of the left-wing Luiz Inácio Lula da Silva, reiterated to the press this Thursday that the project does not represent “any kind of confrontation or retaliation” against the STF and rejected it. Aggression” from part of the court.
The debate in Congress over limiting the STF’s power has accelerated in recent weeks after several court decisions contradicted legislative majorities, particularly regarding the delimitation of indigenous territories.
The STF ruled in September against the “temporary framework,” which only gives indigenous peoples the right to claim territory they occupied on Oct. 5, 1988, when Magna Carta was promulgated.
A week later, the Senate confirmed this theory, but Lula later vetoed the text.
© 2023 AFP