The Minister of the Attorney General of the Union, Jorge Messias, said on Tuesday (1) that the choice for a “declaratory action of constitutionality” in the Supreme Court (STF) was intended not to confront the Congress directly. Rhetoric is that if the Supreme Court understands that the Executive has the competence to raise the IOF rates, the “logical consequence” is the unconstitutionality of the legislative act that sustained the decree.
“The president’s concern is not to attack an act of Congress. The president’s concern is not, directly, to discuss with Congress. What the president wants is that the Supreme Court appreciate an attribution that the Constitution has conferred it,” Messiah said in a press conference held recently to announce the filing of the action in the STF.
“Our concern is that the Supreme Court can appreciate the request in favor of the decree of the president, and not necessarily against an act of Congress. The collateral issue, the residual effect that, in fact, you end the drag and abandonment of unconstitutionality, is a logical consequence of the constitutionality of the decree,” he said.
AGU’s action against the overthrow of the government’s decree and another of the PL against the increase in IOF.
PSOL’s action, on the other hand, calls for the declaration of unconstitutionality of the legislative decree that overturned the increase in the IOF. In nod to Congress, Messiah highlighted this difference in his speech. “The action of PSOL attacks the decree that has sustained the increase in IOF, our action is different. Our action in the Supreme Court is in favor of the act of the government that IOF increase,” he said.
Another argument of Messiah to remove the interpretation that the government wants to scale the crisis with Congress is that the question is “eminently legal” and that, if the violation of the executive’s attribution to raise the IOF, the AGU was obliged to act. “Inertia is not an option,” he emphasized.
Continues after advertising
Declarations take place the week following the decision of the National Congress in favor of the overthrow of the federal government decree that amends rules of collecting the financial operations tax (IOF). On Wednesday, 25, the House gave 383 votes in favor and 98 contrary to the overthrow of the presidential decree. The Senate made a symbolic vote.
