The Senate’s reaction following a decision by the Federal Supreme Court (STF) that restricts the opening of proceedings against ministers of the Court involves both changes to the Impeachment Law and provisions of the Constitution.
The president of the House, Davi Alcolumbre (União-AP), is leading the coordination together with party leaders. As political analyst Isabel Mega reported, the decision by STF minister Gilmar Mendes, taken on Wednesday and awaiting discussion in the Court’s virtual plenary, caused the Senate to give priority to a project by senator Rodrigo Pacheco (PSD-MG) that reformulates the .
The idea would be to approve the proposal before the end of the year recess. In coordination with party leaders, Alcolumbre may include changes in the quorum for opening impeachment proceedings and new rules for the appointment and length of stay of new ministers in the Court – in this case, in addition to updating the law, a constitutional change would be necessary.
In this week’s injunction, the presentation of requests against STF ministers and increased the minimum number of supports for the proposal to move forward.
Today, the rule allows the process to begin with a simple majority of those present, as long as there are at least 41 senators in the plenary — which makes it possible to open with 21 votes. The STF defends a qualified quorum of two thirds, equivalent to 54 votes.
To change the rules for new members of the STF, a PEC in this regard is being debated. The proposal may change criteria for appointment to the Court and establish a fixed term of office for ministers – today, magistrates can remain at the Court until they turn 75, when they are forced to retire.
A leader told CNN that the Senate “is putting the fence in place after the STF wanted to push it.” Another member of the House stated that there is a willingness among senators to “give a message to the Supreme Court” in response to this week’s decision.
The update to the Impeachment Law, presented in 2023, is in the Constitution and Justice Commission (CCJ), under the report of Weverton Rocha (PDT-MA), and could gain traction with the new institutional crisis.
