The attorney general of the Union, Jorge Messias, during participation in the Lisbon Legal Forum, on Wednesday (2), made public nods to the presidents of the House and Senate, amid the growing tension between the Planalto Palace and Congress.
“I see Deputy Hugo Motta and Senator David Alcolumbre as friends of the people,” said Messiah.
The declaration occurs days after the Attorney General of the Union filed a lawsuit in the Federal Supreme Court of Increased Financial Operations Tax (IOF). For the government, the legislative measure invaded exclusive competences of the executive.
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In the action filed, the AGU maintains that the sustainment of the decree by Congress hurts the principle of separation of powers and compromises the functioning of presidentialism.
“The sustaining effects of the legislative decree eventually led to the violation of the principle of separation of powers, which is a fundamental principle,” argues the text presented to the Supreme Court.
In addition to legal basis, Messias has adopted a direct articulation strategy with ministers of the Supreme, including the rapporteur of the case, Alexandre de Moraes, who participates in the legal event in Lisbon alongside other magistrates.
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The institutional offensive has as its background the government’s attempt to reverse in the judiciary the defeat imposed by Congress. In early June, deputies and senators approved the bill that overthrew Lula’s decree, which was interpreted by Planalto as a gesture of confrontation to the executive.
Tensioned relationship
Messiah’s speech seeks to soften the tone of the clash by praising the two presidents of the homes that articulated the overthrow of the decree. Hugo Motta (Republicans-PB) is appointed as a key piece in consolidating a new leadership in Congress, while Alcolumbre (Brazil-AP Union) has expanded its influence on Senate decisions.
Both should talk to Supreme Ministers during the scenes of the event in Lisbon, which signals a parallel effort of mediation by the legislature.
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The IOF episode marks another chapter of the space dispute between the powers. While Planalto tries to rescue control over tax instruments, Congress seeks to establish itself as a central actor in the formulation of economic policy, including on topics traditionally dealt with by presidential decree.