Henrique Alves sends clarification to the Supreme Federal Court regarding the proposed constitutional amendment.

Ivan Richard
Reporter from Agência Brasil

Brasilia - In ten lines, the president of the Chamber of Deputies, Henrique Eduardo Alves (PMDB-RN), responded today (30) to the request for information made by Minister Antonio Dias Toffoli, of the Supreme Federal Court (STF), regarding Constitutional Amendment Proposal 33 (PEC 33), which submits decisions of the Court to the National Congress. In the document, the president of the House limited himself to reporting the progress of the proposal.

"As previously mentioned, Constitutional Amendment Proposal 33 of 2011, presented on May 25, 2011, is currently under consideration in this House. On June 7 of the same year, the Board of Directors forwarded the proposal to the Constitution and Justice Committee for admissibility review, pursuant to Article 22 of the Internal Statute. On April 24, 2013, the committee approved an opinion of admissibility [in a symbolic vote], with separate votes from Deputies Paes Landim (PMDB-PI) and Vieira da Cunha (PDT-RS). This is the information I had to provide to Your Excellency," says the text sent to the Supreme Federal Court.

Dias Toffoli is the rapporteur for Writ of Mandamus 32.036, presented last Thursday (25) by the PSDB leader in the Chamber, deputy Carlos Sampaio (SP), who asks for the immediate suspension of the processing of the proposal. The tucano argues that the PEC violates the fundamental clause of the separation of Powers.

In his ruling, Toffoli had granted a 72-hour deadline for sending the response. Approved on Wednesday (24), PEC 33, authored by deputy Nazareno Fonteles (PT-PI), conditions the binding effect of summaries approved by the STF to the approval of the Legislative Branch and submits to the National Congress the decision on the unconstitutionality of laws.

It also establishes that the Supreme Federal Court (STF) can only propose binding precedents "after repeated decisions on constitutional matters," resulting from a decision by four-fifths of the justices. According to the proposal, the precedents will only become binding after approval by the National Congress.

With the admissibility approved, it is up to the Speaker of the House to create a special committee to analyze the proposal. The committee will have up to 40 sessions to consider the merits of the matter. However, given the controversy created by the approval by the CCJ (Committee on Constitution and Justice), Henrique Alves said that he will not establish the special committee until it is clear whether or not the matter violates the harmony between the branches of government (Legislative and Judicial).

Edited by: Carolina Pimentel