The president of , (-AP), expressed to allies that he was outraged by the preliminary (provisional) decision of the minister, of the (Supreme Federal Court), which suspended sections of the ruling dealing with the removal of ministers from the court.
Opposition parliamentarians claim that the initiative shields ministers and weakens the power of the Senate, and Alcolumbre’s allies say that the decision must receive a response from the Legislature.
The law dates back to 1950, and Gilmar considered an article that allows any citizen to file a complaint against Supreme Court judges to be incompatible with the Constitution. He decided that this attribution falls only to the head of the (Attorney General’s Office), a role currently held by , and also raised the quorum for approval of the removal by the Senate.
Currently, any citizen can submit a request for impeachment of ministers, and it is up to the president of the Senate to authorize the start of the process.
Gilmar Mendes’ decision will be taken to the STF plenary in a virtual session scheduled to begin on the 12th and end on the 19th.
The injunction was issued based on ADPFs (Arguments of Non-Compliance with Fundamental Precepts) 1259 and 1260, presented by the party and the AMB (Association of Brazilian Magistrates).
As shown by SheetSolidariedade, commanded by deputy , directed the action to Gilmar. The parliamentarian is one of the deputies closest to the Supreme Court ministers.
The action was presented in September, when information was already circulating in the Chamber that Paulinho would be the , in an effort for the House to approve only a reduction in sentences, not a total pardon, for those convicted of the attempted coup in the Bolsonaro government.
The decision, Alcolumbre complained to his allies, empties his prerogatives. He was meeting with Paulinho when the decision was made.
The deputy’s interlocutors say that the president of the Senate questioned him about the action and complained that the decision weakens the Legislature in relation to the other Powers. Paulinho replied that he presented the action months ago, before Alcolumbre’s clashes with the government.
Its objective would be to shield ministers against the onslaught of the former president () and allies, who seek to encourage the impeachment of members of the Supreme Court to remove him from prison. Bolsonaro that his goal in the 2026 election is to elect the majority of the Senate to put pressure on the STF.
Allies of the President of the Senate say that there must be a tougher reaction or an attempt to change the legislation for the House to regain its prerogative. Gilmar Mendes’ injunction still needs to be confirmed by the other ministers.
The bench has already suggested a PEC (proposed amendment to the Constitution) in the Chamber to establish in the Constitution that any citizen can request the impeachment of Supreme Court ministers in the Senate. The idea needs the support of 171 deputies to officially begin processing.
For Novo parliamentarians, the decision weakens transparency and supervision.
“Once again, some Supreme Court ministers try to demean and usurp the function of the Legislative Power, without any constitutional justification”, said in a note from deputy Marcel van Hattem (RS), leader of Novo.
A supporter of Alcolumbre says that Gilmar’s decision empties the power of the Senate presidency and makes him lose the power to influence the Supreme Court, as he will now depend first on an initiative from the PGR.
For this parliamentarian, the minister took advantage of the dispute between Alcolumbre and the Lula government over the choice of the new STF minister to decide on the change, as it would be more difficult for the Senate to fight with both sides at the same time.
Wanted by SheetAlcolumbre did not respond. The president of the Chamber, Hugo Motta (Republicanos-PB), also declined to comment.
For the leader of the opposition in the Senate, (PL-RN), Gilmar’s decision “configures an institutional fact of high gravity”. “A precedent is created that weakens the system of mutual control established by the Constitution”, he says in a note.
Marinho also stated that Gilmar “echoes the absolutism” of King Louis XIII of France and that Brazil is not a monarchy.
“Far from strengthening the independence of the Judiciary, the decision tends to reduce the court’s subjection to accountability mechanisms, opening space for shielding that is incompatible with the Rule of Law and the Constitution”, he adds.
In recent years, parties have discussed the possibility of forming a composition in the Senate in 2026 that would allow the impeachment of STF ministers. The main defenders are Bolsonaro’s allies.
In October, the opposition attacked STF ministers, one hitting Flávio Dino and the other Alexandre de Moraes.
In a statement, Solidariedade celebrated the decision. “In a Rule of Law, a member of the Judiciary cannot be removed for simple disagreement regarding the merit of his decisions. Therefore, we celebrate the relevance of this historic trial for democracy and for strengthening the Constitution.”
