Minister Gilmar Mendes, of the Federal Supreme Court, ordered this Wednesday (10) to withdraw from the agenda of the trial that would analyze his preliminary decision on impeachment requests against members of the Court.
The retreat occurs after the Senate Board formally requested that the STF suspend or revoke the measure, on the grounds that it invaded the Legislative prerogatives.
The measure suspends, for now, the effects of the understanding that restricted the Attorney General’s Office’s legitimacy to file complaints of this type.
Continues after advertising
In the order, Gilmar justified the withdrawal by stating that Senate presidents have historically conducted impeachment requests against STF ministers with “prudence”, “responsibility” and “high public spirit”.
The minister named Davi Alcolumbre and Rodrigo Pacheco, stating that both held the position with balance by rejecting complaints considered unfounded, including when forwarded by the then President of the Republic.
The minister also stated that the posture of the presidents of the Senate over the last few years reveals “adequate perception of the traumatic potential” resulting from the opening of cases against ministers of the Court and demonstrates institutional maturity:
“Cooperation between institutions, guided by prudence, dialogue and respect for constitutional norms, reaffirms the maturity of the Brazilian democratic system.”
With the discussion advancing in Congress, which is analyzing changes to the Impeachment Law, Gilmar said he sees room for a more appropriate legislative solution. He acknowledged that, after his injunction, the issue “took on its own contours” in Parliament and began to demand deeper evaluation by senators.
Therefore, he announced the suspension of the effects of his own decision. “It appears feasible to suspend the effects of the precautionary measure, in order to enable a more appropriate legislative deliberation, reflecting the maturity of the institutional debate.”
Continues after advertising
Gilmar’s injunction, granted on December 3, had restricted the legitimacy for presenting complaints against STF ministers to the Attorney General’s Office, in addition to increasing the quorum for opening impeachment to two-thirds of the Senate.
The measure generated a strong reaction from parliamentarians and encouraged the creation of a PEC to reaffirm the Legislative prerogatives. With the suspension, the debate returns to the political field, while the STF awaits Congress’s action to define the next steps.
