Without citing the decision of Gilmar Mendes, Lewandowski defends the “restraint” of the STF | Policy

“Since then (as STF minister), I have always understood that what belongs to politics should be decided by politics and not by the judiciary. This is how I also proceeded before the Federal Court, always showing restraint and avoiding encroaching on the prerogatives of Parliament,” he said. Lewandowski served on the field between 2006 and 2023.

The head of the Department of Justice and Public Security did not directly refer to Gilmar’s preliminary ruling, which limited the prerogative of the Attorney General’s Office (PGR) to file complaints that could result in the permanent removal of an STF minister from office. Lewandowski, however, criticized the Court’s decision on the issues that are under discussion in Parliament.

“I have never decided to decide something, whether directly or by bringing it to the collegiate body, something that was under discussion in the National Congress. I fear that, when one power examines an issue, the others must wait with reverence for the declaration of the power that has the initiative to decide on an issue”, declared the minister to parliamentarians of the parliamentary commission of inquiry (CPI) which investigates the activities of organized crime in Brazil.

In reaction to Gilmar’s decision, the Senate Committee on the Constitution and Justice (CCJ) should begin analyzing, this Wednesday (10), a bill modifying the impeachment law, drafted by a commission of jurists chaired by Lewandowski. The proposal has been blocked in the House since 2023, when the text was delivered to Congress by experts on the subject.

This case establishes a list of behaviors committed by authorities, including STF ministers and presidents of the Republic, which can be considered a crime of responsibility. It also defines that any citizen, provided they have the support of 1% of Brazilian voters, can file a complaint that leads to the dismissal of an authority and provides that parliamentarians can appeal when a complaint against an authority is filed by the president of the Legislative Chamber responsible for making such a decision.