The leadership of the (Supreme Federal Court) and the Senate began to discuss the vote on a new law on authorities after the decision that it would cause a strong reaction in the Legislature.
The relaxation paved the way for the release of a report by senator Weverton Rocha (PDT-MA) this Friday (5) that makes concessions to the STF, although so that ministers can suffer actions that remove them from office in comparison to Gilmar’s measure.
When the decision on this was taken by the Dean of the Supreme Court, senators were talking about giving a suitable response, but the president of the Senate’s CCJ (Constitution and Justice Commission), Otto Alencar (PSD-BA), has stated that the project has no intention of confronting the court and should only be approved next year.
In recent days, the matter has been debated between the president of the Supreme Court, , and the president of the Senate, (-AP).
Fachin did not address suggestions or interference in the proposed text, but discussed the need for the National Congress to update, within the parameters of the 1988 Constitution, the rules for the presentation and approval of this type of procedure.
The vision is divided among STF ministers. The fact that Gilmar decided in a preliminary (provisional) manner before taking the process to a plenary vote was even seen as a driving factor for Congress to speed up discussions on the topic.
Internally, in the court, there is an assessment that the possibility of initiating an impeachment process against a Supreme Court minister was facilitated by the law that was in force in 1950. Furthermore, the polarized political environment caused requests of this type to multiply.
Both Gilmar and the minister made comments in this regard during an event in Brasília last Thursday (4).
Gilmar said that it is “possible and recommended” for Congress to vote on a new law that addresses the issue. Dino said he hopes that “this judgment will serve as a stimulus to the National Congress to legislate on the matter.”
This Friday, the report on the new impeachment law was released, with restrictions on the possibilities of requests for the deposition of authorities, but to a lesser extent than Gilmar’s decision. Weverton’s text should serve as a basis for discussion in the collegiate.
Under current law, until Gilmar’s decision, anyone could propose impeachment of STF ministers, and the progress of the process depends on the president of the Senate. The Supreme Court minister determined that such a request could only come from the Attorney General of the Republic.
The report presented by Weverton stipulates that impeachment requests can be presented by political parties represented in Congress, by the (Brazilian Bar Association), by class entities and by popular initiative that has at least 1.56 million signatures at the federal level.
The proposed rules would not only apply to STF ministers, but also to judges, members of the Public Ministry, commanders of the Armed Forces, members of the (National Council of Justice) and the CNMP (National Council of the Public Ministry), mayors, vice-mayors and municipal secretaries, in addition to authorities that are currently included in the law on crimes of responsibility, such as the President of the Republic and ministers of State.
At the STF, Gilmar’s decision will be taken for analysis in the virtual plenary (platform on which ministers present their votes, without discussion) starting on the 12th. The expectation is that the judgment will divide the court.
Gilmar suspended on Wednesday (3) sections of the Impeachment Law that deal with the removal of ministers, in a preliminary decision that helps shield members of the court.
The measure 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, from 2026, a STF minister. The main defenders are allies of the former president (), convicted and .
