Brazil's Supreme Court warns Congress about the risks of the proposed constitutional amendment on privileged jurisdiction and halts the proposal.
Gilmar Mendes publicly criticized the text and pointed to the measure's "casuistry."
247 - Ministers of the Supreme Federal Court (STF) have decided to send a message to those behind the scenes in politics to try to stop the Proposed Constitutional Amendment (PEC) that alters the rules of privileged jurisdiction. According to Malu Gaspar, from the newspaper The GlobeDirect contact was made between members of the Court and party presidents and congressional leaders to express opposition to the advancement of the measure.
The vote on the PEC in the Chamber, scheduled for last Wednesday (27), did not take place due to a lack of consensus. According to allies of the president of the House, Hugo Motta (Republicanos-PB), in addition to the division between benches, there was mobilization by ministers of the STF who pressured parliamentarians to back down. The main criticism is that the proposal would transfer the proceedings against deputies and senators to first instance judges, which could open space for abuses by magistrates spread throughout the country.
The "Sergio Moro risk"
In the corridors of Brasília, the warning has been called the "Sergio Moro risk," in reference to the actions of the former judge, who was biased in the Lava Jato operation and promoted political persecution from the court he presided over in Curitiba. A source interviewed by O Globo summarized the concern: "Nobody wants to be at the mercy of a judge who is their enemy. Not even the deputies want that, despite all the flaws and excesses of the Supreme Court."
To circumvent the criticism, sectors of the Centrão (center-right bloc) and allies of Jair Bolsonaro (PL) are devising alternatives, such as transferring jurisdiction to the Regional Federal Courts (TRFs) or the Superior Court of Justice (STJ). So far, however, there has been no consensus.
Gilmar Mendes takes a stand.
Among the ministers most active in this fight is Gilmar Mendes, the most senior member of the Supreme Federal Court (STF). He openly criticized the proposal during the Lide Business Forum in Brasília:
"I can only imagine a search and seizure ordered in the Chamber by a judge from Cabrobó (CE) or an arrest warrant against the president of the Senate ordered by a judge from Diamantino (MT), my city. That would be a complete subversion of our legal tradition and culture," he declared.
The difficult process of the PEC
Because it is a constitutional amendment, the proposal needs to be approved in two rounds in both the Chamber of Deputies and the Senate, with the support of three-fifths of the parliamentarians—that is, 308 deputies and 49 senators. Although it passed the Senate in 2017, at the height of Lava Jato, the PEC remains stalled in the Chamber of Deputies.
Political scenario and possible developments.
The parliamentary movement in favor of the PEC is seen by analysts as an attempt to weaken the Supreme Court, especially after clashes involving Minister Alexandre de Moraes, responsible for cases targeting those close to Jair Bolsonaro. Furthermore, leaders of the Centrão (center-right bloc) are showing concern about Minister Flávio Dino's offensive in investigations into the execution of parliamentary amendments and possible misappropriation of public funds.
If the change is approved, transferring jurisdiction to the Regional Federal Courts (TRFs), parliamentarians would still have the right to appeal to the Superior Court of Justice (STJ) and, ultimately, to the Supreme Federal Court (STF), which could prolong the processing of cases involving crimes such as corruption and money laundering.
