The STF (Federal Supreme Court) is divided and some of them still do not have a defined position on upholding the decision of Dean Gilmar Mendes who protected the court by limiting impeachment proceedings against ministers. The decision will be voted on during a virtual plenary session next Friday (12).
The court believes the case could publicly reveal an internal division, a breakdown in the image of cohesion that the court sought to cultivate during the administration of Jair Bolsonaro (PL) and in the response to January 8 and the coup, an action that led to the conviction of the former president.
Gilmar had already told the press that he would take a position in the impeachment action later this year, but the precautionary (provisional) decision was not previously communicated to all ministers. This wing was also dissatisfied with when and how this happened.
Gilmar’s decision was seen as a shield for the court’s ministers and provoked a strong reaction in the Legislative Assembly, mainly in the Senate. The Chamber is responsible for conducting impeachment proceedings against members of the tribunal.
Heard by Leaf Privately, two ministers and three assistant magistrates said at least four members of the court were uncomfortable with the decision and three others were still evaluating possible ways to resolve the controversy.
There are, however, ministers who are wary of the symbolic weight of going against the position of the dean of the Court and giving a public signal of internal division. The dean is the most senior minister and, although not a formal position, he enjoys the respect of other ministers for his accumulated experience and acts as an intermediary between colleagues.
At least until the coup plot trial, which convicted Bolsonaro and seven other defendants of attempted coup, the court valued an image of unity in the name of institutional defense, even in the face of the attacks it has suffered in recent years.
Throughout the week, after the impeachment decision, ministers said little on the subject. During the sessions and when they met in the so-called snack room next to the plenary, the subject would not have been discussed between them.
This issue will pose a challenge for both the Supreme Court and Gilmar, which is still not guaranteed majority support on the full bench.
As shown LeafSTF President Edson Fachin intervened to lower the temperature and began debating the issue with Senate President Davi Alcolumbre (União Brasil-AP).
The two heads of power discuss the vote on a new law on the dismissal of the authorities. The alternative could be a solution to the differences of the Supreme Court itself.
Last Friday (5), Senator Weverton Rocha (PDT-MA) released a report that makes concessions to the STF, but does not offer the same degree of protection as Gilmar’s measure.
When the decision on the impeachment law was made by the dean of the Supreme Court, the senators talked about giving an appropriate response, but the president of the CCJ (Constitution and Justice Commission) of the Senate, Otto Alencar (PSD-BA), said that the project did not intend to face the court and should only be approved next year.
Internally, at the court, it is believed that the possibility of initiating impeachment proceedings against a minister has been greatly facilitated by the law in force since 1950. In addition, the polarized political environment has caused an increase in requests of this type.
Gilmar and Flávio Dino made comments on this matter during an event in Brasília last Thursday (4).
Gilmar said it was “possible and recommended” that Congress pass new legislation addressing the issue. Dino said he hoped “this judgment will prompt the National Congress to legislate on the issue.”
The issue was brought to the Supreme Court in September this year, thanks to two actions calling for changes to the rite of impeachment of the Court’s ministers – and aimed at making the measure more difficult.
The ADPF (argument of non-compliance with a fundamental precept) were presented by the AMB (Association of Brazilian Magistrates) and the Solidariedade party.
Both argue that the rules for handling procedures against STF ministers in the Senate, provided for by Law 1,079/50 (impeachment law), should not have been accepted by the 1988 Constitution.
Senators linked to the former president openly defend the dismissal of Alexandre de Moraes and express the conviction that in 2026, they will be able to elect enough parliamentarians to remove him from the STF.
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