Messias defended Senate prerogatives in impeachment of ministers
Minister Gilmar Mendes, of the Federal Supreme Court (STF), denied this Thursday (4) the request of the Attorney General’s Office (AGU) to reconsider the decision in which it understood that only the Attorney General’s Office (PGR) can file impeachment requests for members of the Court.
Yesterday (3), the Union’s attorney general, Jorge Messias, sent a petition to the minister and defended the possibility of opening impeachment proceedings by the Senate as part of a “balanced relationship” between the powers.
In the decision, Mendes understood that the request for reconsideration is legally unenforceable.
“This is because resources only exist when expressly provided for by law, with structure, assumptions and effects defined by the legal system. Due to this taxation, the parties are not allowed to create atypical means of objection”, he said.
Gilmar Mendes also reiterated that ministers of higher courts cannot be subjected to an accountability regime that is incompatible with the Constitution.
“I believe that the precautionary measure granted, in addition to finding faithful support in the Federal Constitution, is indispensable to put an end to a state of affairs manifestly incompatible with the constitutional text”, he added.
Gilmar Mendes’ decision was taken based on an action filed by the Solidariedade party and the Association of Brazilian Magistrates (AMB).
The injunction will be judged by the other ministers of the Court in a virtual session scheduled for December 12th.
*Brazil Agency
