Statement from the Dean of the STF regarding the former Minister of Defense Paulo Sérgio Nogueira during the 2022 elections
The Dean of the STF (Supreme Federal Court), Minister Gilmar Mendes, explained this Monday (November 13, 2023) that the TSE (Supreme Electoral Court) suffered “harassment” from former Defense Minister Paulo Sérgio Nogueira in the 2022 elections. The statement was made during the seminar “The Role of the STF in Democracy” organized by the newspaper O Estado de S. Paulo in collaboration with the Universidade Presbiteriana Mackenzie.
“The TSE was not harassed by the population or the fans of Bolsonaro’s election, but by the Minister of Defense, who wrote a letter to Minister Fachin every morning and Minister Fachin replied in the afternoon,” the minister explained.
Until the end of the elections, the atmosphere between the defense and the court was tense. In a letter from the ministry to the court, Paulo Sérgio explained that the armed forces did not feel “appropriately respected” for responding to the TSE’s invitation.
In total there were 7 recommendations to the TSE. However, they were all rejected on May 9th. According to the court, contributions to the electoral process could only be made until December 17, 2021.
At the time, thenPresident Jair Bolsonaro (PL) said the TSE had refused to negotiate with the armed forces. In his speeches, the former head of the executive branch more than once quoted Minister Fachin’s phrase that those dealing with the election are the “unarmed forces”.
OPERATION OF CONGRESS
During the seminar, Gilmar also defended the STF’s role in determining when there is a “cease and desist” by the National Congress. According to the judge, the Constitution requires the Supreme Court to “respond” in the area of unconstitutional legislative or administrative inaction.
“If you fail to regulate a fundamental right by law, you are violating the constitution,” he explained.
On Wednesday (November 8, 2023), the Supreme Court resumed its analysis of Congress’ alleged failure to regulate paternity leave.
The ADO (Direct Action of Unconstitutionality by Omission) 20, presented in 2012 by the CNTS (National Federation of Health Workers), asks why the legislature has not yet enacted the law provided for in the 1988 Constitution and regulated the law.
Without regulation, the deadline set in the CLT (Consolidation of Labor Laws) is 5 days. The legally regulated maternity leave is 120 days.