The minister rejected this Thursday (4) the request from the (Advocacy General of the Union), led by , to help shield members of the (Federal Supreme Court) against .
In his decision, the Dean of the Supreme Court stated that the AGU’s request is unappealable because the legal system does not contemplate this type of appeal and that the reasons for granting the preliminary (provisional) decision remain present.
“The precautionary measure granted, in addition to finding faithful support in the Federal Constitution, proves to be indispensable to put an end to a state of affairs manifestly incompatible with the constitutional text. There are, therefore, no reasons to change the terms of the decision”, stated Gilmar in his decision.
On November 20, by the president (PT) to fill the vacancy of minister Luís Roberto Barroso in the STF. His name has to be approved, but his name is resisted by the president of the Senate, Davi Alcolumbre (União Brasil-AP).
Gilmar’s decision this Tuesday (3) generated an immediate reaction in . In a note, Alcolumbre from the court spoke about changing the Constitution to defend the prerogatives of the House if necessary.
The episode added to the series that marks the final stretch of the Legislative’s work in 2025, on the eve of the election year.
In recent years, parties have discussed the possibility of forming a STF minister after the 2026 elections. The main defenders are allies of the former president (), convicted and .
The Impeachment Law dates back to 1950, and Gilmar considered it incompatible with the Constitution, for example, an article that allows any citizen to file a complaint against Supreme Court magistrates. The Senate is responsible for conducting the process.
According to the minister, this responsibility belongs solely to the head of the (Attorney General’s Office), currently in charge of .
The process would continue to be processed in the Senate, but Gilmar decided that a greater proportion of senators would be needed to open it.
The STF minister said that the rule of the Impeachment Law encourages complaints motivated by partisan political interests, without rigor and based on political disagreements or interpretative differences of the court’s decisions.”
The head of the Union, as an inspector (CF, art. 127, caput) of the legal order, has the capacity to assess, from a strictly legal perspective, the existence of concrete elements that justify the initiation of an impeachment procedure”, stated Gilmar.
In October, the opposition in the National Congress against STF ministers, one hitting Flávio Dino and the other Alexandre de Moraes.
Gilmar’s decision will be taken to the STF plenary in a virtual session scheduled to begin on the 12th and end on the 19th.
