The President of the Federal Senate delivered a speech in support of the guarantees provided to the legislative authority and received the support of colleagues
December 3
2025
– 5:49 pm
(Updated at 6:11 p.m.)
summary
Senate President Davi Alcolombre criticized Gilmar Méndez’s injunction restricting the request for the dismissal of STF ministers to the PGR, stating that the decision violates the powers of the legislature and the separation of powers.
The Federal Senate reacted to the unilateral decision of Minister Gilmar Méndez, of the Federal Supreme Court, who decided, on Wednesday, January 3, that only the Public Prosecutor’s Office (PGR) could request the removal of judges from the court. In a speech to the plenary session, the Speaker of the House of Representatives, Davy Alclumbri (Uniao-AP), stated that the position of STF dean attempts to “usurp the powers of the legislative branch.”
Alcolombre’s speech was delivered shortly after the business reopened, Wednesday afternoon. Following criticism from Senator Eduardo Girão (Novo-CE) regarding the injunction issued by Gilmar Méndez, the Speaker of the Chamber of Deputies addressed the matter and stated that he “received with great concern the content of the unilateral decision.”
“If it is true that this Council and its Presidency have a deep institutional respect for the Special Court, it is also true that in this relationship, there is an effective exchange. And that the judiciary’s respect for the Brazilian legislature, its constitutional prerogatives and the legitimacy of our decisions is real, unequivocal and lasting,” declared the President of the Senate.
The senator defended the section of Law No. 1079 of 1950, which states that any citizen has the right to file a lawsuit for a liability crime: “This was the choice of the legislator. Regardless of whether we agree with it or not, it must be respected.”
He added, “Possible violations in the use of this right cannot lead to the cancellation of this legal order, let alone a judicial decision. Only legislative change can revise purely legal concepts, under penalty of a serious constitutional crime related to the separation of powers.”
Alcombre also stressed that a project is being processed in the National Congress providing for a new legal framework for crimes of liability in Brazil, authored by Senator Rodrigo Pacheco (PSD-MG).
The STF Minister’s injunction also led to the President of the Senate taking a position to review “unilateral decisions” – in particular, those that temporarily suspend the validity of legislation, according to Alcolombre.
The Senate President said: “It is not reasonable, to say the least, for a law that was voted on in two legislative chambers and approved by the Presidency of the Republic, to be reviewed in a decision by a single minister of the Transitional Federal Government. To achieve this end, there must be a need for a collective decision from the court, which is the only and final body to declare the constitutionality of the current law or not.”
Gilmar Méndez decided that only the PGR could request the dismissal of STF ministers:
Gilmar Mendes decision on the dismissal of STF ministers
Earlier on Wednesday, Gilmar Méndez decided that only the Attorney General’s Office (PGR) could ask the Senate to remove the court’s ministers. In the resolution, the dean also emphasized that a two-thirds majority of senators is required to open and approve the process.
In his argument, Gilmard said that the PGR, “as inspector of the legal system, has the ability to assess, from a purely legal perspective, the presence of concrete elements that justify the initiation of accountability proceedings.”
The decision, which is temporary in nature, suspends parts of 1950 legislation, which provides this right to any Brazilian citizen. Among them are the quorum (minimum number of voters) necessary to open impeachment proceedings against Supreme Court justices, the legitimacy of filing complaints and the possibility of interpreting the merits of judicial decisions as typical conduct of a criminal offence.
The Minister also points out that the excerpts contradict the 1988 Constitution. The judge says that the groundless dismissal of the court’s ministers contributes to weakening the rule of law.
The plenary session will discuss the topic in a virtual experience between December 12 and 19.