The Senate requested, this Wednesday (10/12), that the Minister of the Federal Supreme Court (STF), Gilmar Mendes, review the precautionary decision which suspended various provisions of the impeachment law and that the process be withdrawn from the virtual plenary for analysis by the other ministers.
In a statement sent to the Court, Senate lawyers point out that the decision must be suspended, given that there is a bill from the President of the House, Senator Rodrigo Pacheco (PSD-MG), which modernizes the impeachment law and whose proposal is scheduled for the meeting of the Constitution, Justice and Citizenship Commission (CCJ) this Wednesday.
“The conservatory decision aims to safeguard the independence of the judiciary, an objective whose relevance the Federal Senate recognizes and supports. However, the immediate effects of the conservatory decision, by modifying central parameters of the legal regime currently in force, end up producing reflex effects on the legislative process in progress, creating areas of interpretative doubt, risks of normative asymmetries and obstacles to the technical development of the new legal diploma in the final consolidation phase,” the lawyers underlined.
House representatives also say there are no impeachment proceedings for STF ministers underway in the Senate, which they say eliminates the institutional risk arising from the temporary suspension of the precautionary measure.
“The absence of any ongoing procedure of this nature demonstrates, objectively, that the temporary suspension of the effectiveness of the decision will not cause real damage or institutional risk to the constitutional order, but will allow the harmonious conclusion of the ongoing legislative process,” the document states.
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