Minister Gilmar Mendes of the Federal Supreme Court (STF) evaluated in an interview with CNN That the crisis between the executive and the legislature surrounding the decree that would raise the financial operations tax (IOF), overthrown on Wednesday, 25, by parliamentarians, is an “inherently political” issue. He pondered, however, that there are precedents on the subject that allow this question.
“It is inherent in politics, we have already seen this debate for weeks, but it is possible, it has precedents in cases where the legislative decree exorbitates constitutional limits, which is questioned, but I have no elements to obviously make this judgment,” he said.
According to Gilmar, “the ideal is that there was a composition in the political field and that there was a referral, such as it was foreseen, with the possibility of a fiscal mini-reform”, citing changes in the project that expands the exemption from Income Tax (IR).
The minister also stated that it is “inevitable” that political issues are referred to the Supreme, but considers complaints about the court to be invading the competences of other powers.
“The issues that are not resolved in the political field are brought to the Supreme, and then one side or other imputes that the Supreme has decided, and eventually even use stronger expressions, having intruding on a political or supposedly political issue. The Supreme does not take care of purely political issues, the court only interferes when a relevant constitutional point of view comes,” said Gilmar Mendes.
