Brazil's Supreme Court will analyze Odebrecht's plea bargain testimonies and the validity of abortion in 2017.

André Richter - Reporter for Agência Brasil

Two years after deciding to open the first investigations against politicians accused of receiving bribes diverted from Petrobras, the Supreme Federal Court (STF) will once again be a protagonist in Operation Lava Jato.

In February, after the Court's recess ends, the Supreme Court will face its first controversial decision scheduled for 2017, when it is expected to approve the plea bargains of 77 executives from the Odebrecht construction company, who mention politicians from various parties. These are more than 800 testimonies already under review by the rapporteur, Justice Teori Zavascki.

Other controversial issues such as authorizing abortion for women infected with the Zika virus, decriminalizing drug possession, and outsourcing core business activities in private companies are also expected to be judged next year.

The start of the Court's work will be highlighted by the economic agenda. On February 1st, the date of the first session of the year, the ministers are expected to decide on the validity of the Fiscal Responsibility Law, created in 2000 to regulate the spending of state and federal governments.

At the time, the lawsuits were filed by the Brazilian Bar Association (OAB), state governors, and associations of prosecutors, arguing that the law violates the autonomy of the branches of government by defining rules to limit spending, an argument similar to that used by critics of the Public Spending Cap Amendment, enacted in December.

The return to work will also be marked by a decision that could guarantee the candidacy of the Speaker of the Chamber of Deputies, Rodrigo Maia (DEM-RJ), for re-election. At the beginning of the recess, the Solidarity Party filed a lawsuit to try to block Maia's potential candidacy. In the request for an injunction, the party's lawyers ask the Court to interpret the Chamber's Internal Regulations in accordance with the Constitution, to establish the understanding that the prohibition on the re-election of the Speaker of the Chamber of Deputies also applies to a parliamentarian who has been elected for a "transitional term," as was the case with Maia.

Abortion

With no date yet set for the trial, the Supreme Court must face the analysis of two cases dealing with abortion, one concerning cases of women infected with the Zika virus and the other concerning the decision of the Court's First Chamber, which, by majority vote, decriminalized abortion up to the third month of gestation.

Decriminalization of drug possession

The Brazilian Supreme Court (STF) may resume discussions on the constitutionality of criminalizing drug possession, which were suspended in 2015 following a request for review by Justice Teori Zavascki.

The rapporteur, Minister Gilmar Mendes, voted in favor of decriminalizing drug possession. The crime is defined in Article 28 of the Drug Law (Law 11.343/2006). According to the minister, criminalization is a disproportionate measure and violates the right to privacy.

Outsourcing

The plenary session may also consider in 2017 the validity of hiring outsourced workers for the core activities of private companies. This is one of the most controversial issues involving employers and employees and could change the current system of direct employee hiring throughout the country.

Currently, a rule issued in 1994 by the Superior Labor Court (TST) prohibits companies from outsourcing their core business activity by contracting another company to provide the labor for a specific service.

Therefore, a company cannot use the services of another company to hire employees related to its core business, that is, its area of ​​operation, with the aim of reducing costs and avoiding the creation of an employment relationship.

Flavored cigarettes

In March, one of the most important health-related issues before the Supreme Court is scheduled to be judged: the commercialization of flavored cigarettes. In 2013, Justice Rosa Weber suspended the resolution of the National Health Surveillance Agency (Anvisa) that prohibited the manufacture and sale of cigarettes with artificial flavors. The matter is expected to be definitively decided in March.

Religious education

Another case that will also be judged is the action filed by the Attorney General's Office (PGR) for the Court to recognize that religious education in public schools must be non-denominational, prohibiting the hiring of teachers who act as "representatives of religious denominations."