Fux will prioritize royalties "if there is a serious problem"
Supreme Court Justice Luiz Fux said he will prioritize cases involving the new oil royalties law if the issue becomes a national problem; Justice Marco Aurélio Mello believes the case is so relevant that it should not be judged individually by Fux; however, Justice Ricardo Lewandowski believes the case falls under the jurisdiction of Fux, who is the rapporteur, and the president of the Supreme Court, Joaquim Barbosa.
Deborah Zampier
Reporter from Agência Brasil
Brasilia – Minister Luiz Fux, of the Supreme Federal Court (STF), said today (12) that he will give priority to cases involving the new oil royalties law, if the case becomes a national problem. Rapporteur of all cases dealing with the subject, he can make provisional decisions and will be responsible for releasing the case for judgment in plenary.
"If there is a serious problem for the Federation, I will give it the necessary urgency," said the minister, when asked about the procedure he intends to give to the processes. Last week, writs of mandamus from parliamentarians from Rio de Janeiro and Espírito Santo reached the Supreme Court attempting to reverse the overturning of President Dilma Rousseff's vetoes. This week, the producing states intend to file direct actions of unconstitutionality.
According to Justice Marco Aurélio Mello, the case is significant and should not be judged individually by Justice Fux. "I think it's a case of greater repercussion, and therefore it needs to go to the full court for a decision." He said he does not feel pressured by the measure adopted by the governor of Rio de Janeiro, Sérgio Cabral, to suspend payments to suppliers. "It's inconceivable that one could act in the Supreme Court under pressure."
Justice Ricardo Lewandowski believes that all cases are important at the Supreme Court and that priorities should be defined by the case's rapporteur and the president of the Supreme Court, Joaquim Barbosa, who is responsible for scheduling cases. "We, the other justices, are merely supporting actors," he noted.
At the end of February, the Supreme Court justices overturned in plenary session an injunction granted by Justice Luiz Fux that prevented the consideration of the vetoes to the royalties law. The Justice said he released the matter quickly for judgment because there was an institutional crisis that prevented the budget vote.
He said he has not yet received the information he requested from the parties involved at the end of last week. According to the minister, he will only take any action when he receives this information. The deadline is ten days, and after that, he must open a period for the Public Prosecutor's Office to comment.
Edited by: Beto Coura