“Only legislative change will be able to revise purely legal concepts, on pain of committing a serious constitutional crime related to the separation of powers,” Alcolombre said. He added, “The judicial ruling is in line with what was clearly stated in Law No. 1079 of 1950, which guaranteed any citizen the right to file a lawsuit for a crime of responsibility. This is the choice of the legislator, and whether we agree with it or not, it must be respected. Any misuse of this right cannot lead to the cancellation of this legal order, let alone the issuance of a judicial ruling.”
Minister Gilmar Méndez, in a preliminary decision, suspended parts of the accountability law and set expectations for the initiation of impeachment proceedings against judges. The decision will be put to a referendum by other STF ministers at the court’s virtual plenary session, scheduled to start next Friday (12).
Right-wing parliamentarians also responded to the decision. Alcolombre said in his statement that he had “deep respect” for the special forces and demanded reciprocal treatment from the judiciary. He said: “If it is true that this Council and its presidency have a deep institutional respect for the Supreme Constitutional Court, it is also true that in this relationship, there is an effective exchange, and that the judiciary’s respect for the legislative authority, its constitutional prerogatives and the legitimacy of its decisions is real, unequivocal and permanent.”
The Colombian is close to court ministers, such as Alexandre de Moraes, and has a close relationship with Gilmar Mendes. As it turns out valueThe Senate President was very uncomfortable with this decision and signaled to his allies that he would respond. In addition to limiting the motion of complaints before the PGR, Gilmard also decided that a two-thirds majority in the Senate, not a simple majority, was needed to open a potential case against ministers.
Alclumbre also stated that he sees this decision as a potential violation by the judiciary of the powers of the Senate and promised a reaction from the legislature if these rights are violated in Congress.
“Equally important is the recognition that the powers of the legislative branch are historic and essential achievements of society, and that any frustration of these rights will always merit immediate confirmation here, in the Federal Senate, a legitimate example of the defense of these guarantees. And, if necessary, including their confirmation in the Federal Constitution, by amendment.”
Furthermore, Alcolombre defended the need to review the power of STF ministers to grant unilateral decisions – when they are made by only one minister – and noted that proposals are being processed in the Senate that could restrict the powers of these judges.
“Only a legislative change will be able to revise purely legal concepts, under penalty of a serious constitutional offense of separation of powers. In this sense, I register that a draft law is being processed in the Chamber of Deputies establishing a new legal framework for crimes of responsibility in Brazil, written by Senator Rodrigo Pacheco, which is currently being processed in the Central Court of Justice.”
“On the other hand, the existing situation indicates the need to change the system of so-called unilateral decisions, especially those that preemptively suspend the validity of the law. It is unreasonable for a law that was voted on in two legislative chambers and approved by the President of the Republic to be reviewed by a decision of a single minister of the Transitional Federal Government. To this end, a collective decision must be needed by the court, which is the sole and final body to declare the constitutionality or unconstitutionality of the current law,” he added.
Concluding his speech, he said: “I will not hesitate to defend all the powers stipulated in our Constitution.” Alcolombre’s speech was accompanied by expressions of support from other senators.