Only acronyms that have reached the barrier clause may enter the STF actions; The proposal goes to the Senate
The Chamber’s (Constitution and Justice Commission) approved on this 3rd (30.SET.2025) a bill that restricts parties that can file actions in (Supreme Federal Court). The proposal was analyzed on a terminative basis, that is, it will go directly to the Senate if there is no appeal to be voted in plenary. Read A (PDF – 231 KB).
By the text, only parties that have reached the barrier clause may file adis (direct action of unconstitutionality), tados (direct action of unconstitutionality by omission), ADCs (declaratory action of constitutionality) or ADPFs (argument of non -compliance with fundamental precept).
If approved, only the new and solidarity would be impacted and would be prevented from contesting laws passed by Congress.
The project also limits monocratic decisions of the Supreme Court. A minister may only suspend rules or acts during the congressional recess, or in cases of “Extreme urgency”. The measure will have to be analyzed at the following session of the Court.
Moreover, to declare the constitutionality or unconstitutionality of a rule, a minimum quorum of 8 ministers and 6 votes in the same direction (in favor or against) will be required.
The proposal is authored by the President of Republicans, Deputy (SP), and is reported by (Citizenship-SP).
Here are other points:
- Who can resort to the Supreme Court: They are authorized to propose actions the President of the Republic, the Chamber and Senate tables, governors, the Attorney General of the Republic, the OAB (Brazilian Bar Association), political parties with representation in Congress;
- Unions: Now they will have to prove that they have associates in at least 11 states and that the contested action has national relevance to the category.
