the Senate 99 requests to open a process have accumulated Removal of Ministers of the Supreme Federal Court (STF) Since 2020, when court decisions on combating COVID-19 and investigating fake news strained the relationship between the legislature and the judiciary.
Minister Alexandre de Moraes He is the main target of requests for removal from office. There are 56 impeachment requests against him. Among the current composition of the court, Brigadier General Gilmar Mendes occupies second place on the list, with 12 seats. Former Minister of President Luiz Inacio Lula da Silva (Workers’ Party), Flavio Dino comes in third place (8).
Gilmar is the protagonist in the recent tension between the STF and Congress. On Wednesday (3), in a decision that helps protect his colleagues, he suspended parts of the Accountability Act that specifically address the dismissal of ministers.
The initial (temporary) decision sparked a strong reaction in the legislature. The president of the Senate, Davy Alcolombre (União Brasil-AP), arrived the same day to talk about changing the constitution in response to Gilmar’s action.
Until then, any citizen can submit a request to remove him. This is what determines the accountability law, which stipulates crimes of responsibility.
Section II of Article 52 of the Federal Constitution stipulates that it is up to the Senate to rule on STF ministers for crimes of liability. It is up to the President of the Senate – today the Colombian – to decide whether to continue the request or not.
The impeachment mechanism has been used by opposition senators and representatives, the majority of whom are Bolsonaro supporters, as a means of pressuring the legislature and public opinion against decisions they consider unfair or biased. One of the main complaints is the right of judges to impose individual (unilateral) decisions.
Among the recent instances of dissatisfaction among Bolsonaro’s congressmen are, for example, the decisions taken by Alexandre de Moraes as chief rapporteur of the coup plot, which sentenced former President Jair Bolsonaro (PL) to prison.
The Reportafim poll with data from the Senate also shows that none of the current Supreme Court justices has been free from attacks from members of Congress and citizens. Those nominated by Bolsonaro, Cassio Nunes Márquez and Andre Mendonça were less targeted. There are only two motions and one motion for dismissal.
Among those who are no longer in the STF, Luis Roberto Barroso, who decided to bring forward his mandatory retirement date and leave the court this year, has 22 requests for his removal. Applications targeting Ricardo Lewandowski (current Minister of Justice and Security), Rosa Weber, Marco Aurelio de Mello and Celso de Mello have also been submitted.