Minister Alexandre de Moraes of the Federal Supreme Court (STF) will continue to work normally during the recess of the judiciary, which begins this Tuesday, July 1, and extends throughout July. During this period, the minister may, if he wishes to make an injunction to reactivate the decree that increased the tax on financial operations (IOF), overturned by Congress last week.
Moraes assumed the rapporteur of the action filed by PSOL against the overthrow of the IOF decree because he was already a rapporteur of another PL action on the subject. The lawsuit had fallen into the hands of Minister Gilmar Mendes last Friday, but he asked the president of the Supreme, Luis Roberto Barroso, to evaluate the referral of the action to Moraes to avoid contradictory decisions.
Normally, the power to make injunction-which must be granted only when the requirement of urgency-would be restricted during the recess to the president of the Supreme, Luis Roberto Barroso, and the vice president, Edson Fachin. The two take turns on the duty: Fachin is on July 2-16, and Barroso returns on the 17th and is on duty until the end of the month.
Most ministers, however, chose to continue working in full or partially. In addition to Moraes, André Mendonça, Dias Toffoli, Gilmar Mendes and Nunes Marques decided to work normally throughout the recess.
Ministers Flávio Dino, Cármen Lúcia and Cristiano Zanin will act in part of the processes. Dino works until the 14th in some procedural classes, and returns to work normally from the 15th. Carmen works throughout July only in the criminal classes, and Zanin works only in confidential processes. Luiz Fux will take a vacation during the 30 days.
The decree that would raise the IOF was sustained by Congress last week, as PSOL argues to be unconstitutional for violating the executive’s prerogative to change the IOF rates. The government also evaluates whether it will take action in the Supreme against the overthrow of the decree.
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Last Friday, the Attorney General of the Union (AGU) reported that he studies, at the request of the President of the Republic, Luiz Inacio Lula da Silva, legal measures to maintain the discharge of IOF.
In practice, even if it does not file its own action, the government will be summoned to speak in the PSOL process and may mark a position against the defeat in Congress. This subpoena can be made in the coming days.
