There is no ancient law, recalls Gustavo Sampaio, a professor of constitutional law at the Federal University of Rio de Janeiro. The law exists and, as such, must be respected until lawmakers decide to change it in the deliberations of the National Congress. This is the jurisdiction granted to the collective body under the rule of the Republic.
However, from Minister Gilmar Méndez’s point of view, the rule could be adapted to suit STF ministers, who fear political retaliation.
Therefore, the Dean of the Court saw fit to add urgency to the matter and decided to immediately withdraw the right of citizens and State representatives in the Senate to request the removal of the highest judges in order to grant the privilege exclusively to the Attorney General of the Republic.
First, there is no assumed urgency, except for the assumption that the 2026 election will place two-thirds of the Supreme Court’s persecutors in the Senate – who will have the ability to ignore the legal requirements for impeachment, none of which are related to the substance of the rulings. They all indicate completely open procedures for questioning.
Second, there is the separation of powers, which implies independence and harmony, but also the exercise of mutual control. Hence, the function of the court in question is to try parliamentarians and their task is to analyze and decide on the impeachment of presidents subject to the same Law No. 1079, in force for 75 years without challenge to the 1988 electors.
There is no Republican justification for the Supreme Court to move from the role of guardian to a position of authority above the law. By this logic, nothing prevents the heads of the executive branch from having the privilege of remaining beyond the reach of tomorrow’s citizens.
Once the precedent is set, hell is the limit for restricting rights. Next week, the full STF team will decide whether or not to accompany the Brigadier. If he gives his consent, he will be on an equal footing with parliamentarians working to protect themselves from the consequences of their actions in court.
Current link: Did you like this text? Subscribers can access seven free accesses from any link per day. Just click on the blue letter F below.