The Federal Supreme Court (STF) Minister Flávio Dino said on Wednesday, that the country faces an “institutional desert”, which causes the triggering of the judiciary to resolve conflicts. According to Dino, the omission of other powers causes the “temptation” of judicial activism.
“It is this institutional desert that Brazil is going through that calls the judiciary to hyperativism. Because, let’s get together, a lot that should be resolved by others, isn’t it?”
According to Dino, the lack of action of the executive and legislature creates a scenario in which the STF “is called to activism all the time, almost like a satanic temptation.” “Do you know Jesus Christ in the desert?” He asked the public.
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Flávio Dino also denied the financial impact of the decision that prevented the validity of foreign laws in the country without the endorsement of Brazilian justice. “Of course one thing has nothing to do with the other,” he said. “I made a decision yesterday and yesterday that they say it dropped the markets. I didn’t know I was so powerful,” he said.
On Monday, 18, Dino established, in a lawsuit involving the United Kingdom Court and the Brazilian Institute of Mining (IBRAM), or through international cooperation mechanisms.
The magistrate gave binding character to the measure, which, in practice, allows the Supreme Court Minister Alexandre de Moraes to appeal to the court to prevent the application of the magnitsky law against him because he is a foreign court decision. The device, which provides for a blockade of bank accounts and the impediment of accessing services from US companies, was applied by the US against Moraes after articulations by Deputy Eduardo Bolsonaro (PL-SP), who seeks to prevent the trial of former President Jair Bolsonaro (PL).
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After Dino’s decision, the banks Itaú, Bradesco, Banco do Brasil, Santander and BTG Pactual had a drop in their shares and lost R $ 41.98 billion in market value. Fearing American reprisals if they do not sanction Moraes, the financial sector does not know how to position themselves and already seek interlocutors in the Supreme.
On Tuesday, a day after giving the decision, Dino reiterated the measure. The minister clarified that the requirement for approval to comply with foreign court decisions is limited to organs of the judiciary from other countries and does not reach international courts.
“This is a decision that reiterates basic and secular concepts, designed to protect Brazil-covering its companies and citizens-from improper foreign interference in our territory. In addition, the decision meets elementary imperatives of legal certainty, since it would be impossible to practice legal acts in Brazil if-at any time-a foreign law or judicial decision, emanating from any hundred existing, could be imposed on the existing country PARIO TERRITORY ”, wrote the minister in the document.
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When asked about the devaluation of banks, Dino stressed the role of the Supreme: “We mark and interpret the law. Yesterday and today they ask me: ‘And now? What will happen to markets?’ And I say, ‘And it’s the supreme that will set the action value on the market?
