In the midst of a campaign in the Senate for the approval of his nomination for the (Federal Supreme Court), the Union’s attorney general, gave a nod to parliamentarians when opposing the minister’s decision to suspend sections of the document dealing with the removal of ministers in a preliminary (provisional) decision.
The measure generated an immediate reaction in the Senate. In a note, the president of the House, (-AP), of the court and spoke of changing the Constitution to defend Parliament’s prerogatives. Messias is President Luiz Inácio Lula da Silva’s (PT) nominee for a vacancy on the court and faces resistance among senators.
Messias’ statement complies with the rapporteur’s order, which determined that the AGU be heard on the merits of the actions. The body asked the minister to reconsider his decisions and to await the definitive judgment on the matter, scheduled for a virtual plenary session to begin on the 12th.
The main point changed by Gilmar concerns the opening of the impeachment process against STF ministers. According to the judge, 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 Law encourages complaints motivated by political-partisan 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.
For Messias, the rule must be maintained as the one valid for president of the Republic. He defended the popular legitimacy for filing complaints of this type.
On the other hand, Messias agrees with the rapporteur in the section about the quorum for opening the process. Currently, the law provides for a simple majority for this to occur. Gilmar says that the appropriate number is two-thirds, to protect the impartiality and independence of the Judiciary.
Messias stated that minimum protection for the independence of the Judiciary was necessary.
“Without such a safeguard, judicial independence remains weakened, which violates the very role of this Supreme Court as guardian of the Constitution and its role in ensuring constitutional integrity,” said the AGU.
“It is necessary, therefore, to apply a quorum of two thirds of the members of the Federal Senate to receive the complaint for a crime of responsibility transmitted against a Minister of the Federal Supreme Court, in analogy to the provision contained in article 86 of the 1988 Constitution”, he stated.
