Fux will send the decision to the full Supreme Court.
"I will send it to the Public Prosecutor's Office [for their opinion on the decision]. After it comes back from the Public Prosecutor's Office, with the case file complete, I will submit it to the plenary for consideration on its merits," said the Supreme Federal Court minister, regarding the decision that orders the anti-corruption package approved by the Chamber of Deputies to return to square one in the House; the decision was criticized by Gilmar Mendes and is expected to be appealed by the president of the Chamber of Deputies, Rodrigo Maia, and the president of the Senate, Renan Calheiros; according to Fux, there was no interference in the Legislative branch.
247 - Supreme Federal Court (STF) Justice Luiz Fux stated this Thursday, the 15th, that he will send to the plenary for consideration his decision that determines that the anti-corruption package approved by the Chamber returns to square one in the House.
"I will send it to the Public Prosecutor's Office [for their opinion on the decision]. After it comes back from the Public Prosecutor's Office, with the case file complete, I will submit it to the plenary for consideration on its merits," he said.
The decision caused controversy this Wednesday. Supreme Court Justice Gilmar Mendes called it the "AI-5 of the Judiciary." The two justices clashed earlier today during a session of the Superior Electoral Court (TSE).
Fux and Gilmar clashed during the TSE session this Thursday. Watch:
The presidents of the Chamber of Deputies, Rodrigo Maia (DEM-RJ), and the Senate, Renan Calheiros (PMDB-AL), considered it an interference by the Judiciary in the Legislative branch and announced that they would appeal the decision. According to Fux, there was no interference.
The Court's jurisprudence authorizes preliminary injunctions in cases of "flaws in the legislative process of drafting laws," Fux justified. "I don't see how this could create a crisis, given that the jurisprudence of the Supreme Federal Court is settled in the sense that the Judiciary can intervene at the request of a parliamentarian whenever they bring an action demonstrating that the legislative process is incorrect," he argued.
Read more at Agência Brasil:
Fux says he did not interfere with the Legislature in the decision regarding the anti-corruption package.
André Richter - Supreme Federal Court (STF) Justice Luiz Fux said today (15) that he did not interfere in the work of the Legislature when he ordered the suspension of Bill (PL) 4.850/16, which deals with the Ten Measures to Combat Corruption. The popular initiative proposal was encouraged and forwarded to the Chamber of Deputies by the Federal Public Ministry (MPF).
According to the minister, the Court's jurisprudence authorizes preliminary injunctions in cases of "flaws in the legislative process of drafting laws." The minister believes the decision does not create a new crisis between the Court and the Legislature. "I don't see how it could create a crisis, given that the jurisprudence of the Supreme Federal Court is clear that the Judiciary can intervene at the request of a member of parliament whenever they bring an action demonstrating that the legislative process is incorrect," he argued.
Yesterday (14), Fux individually suspended the processing of PL 4.850/16, which deals with the anti-corruption measures package and had been approved by the Chamber's plenary in the early hours of November 30. In the decision, Fux understood that there was a procedural error in the Chamber and determined that the process be returned by the Senate, where the matter is being processed, so that the deputies can vote on the matter again.
Reaction in the Chamber
Earlier, the Speaker of the House, Rodrigo Maia (DEM-RJ), reiterated that he sees problems with Minister Luiz Fux's decision. Maia said that by the end of the day he should send explanations to the Supreme Court defending the legislative process adopted by the House.
"I am convinced that there are many problems with Fux's decision. We don't want any kind of conflict, any more stress than we've already had in recent months. So, we will patiently show, item by item, everything that Minister Fux has put forward, which is a decision based on some issues that, from our point of view, are mistaken," he stated.
The president of the Senate, Renan Calheiros (PMDB-AL), considered the decision an "invasion" of the Legislative branch's authority.