The minister, of the (Supreme Federal Court), suspended part of the counter members of the court.
The movement is part of negotiations to approve new rules for the dismissal of magistrates and other authorities.
Under the agreement, Gilmar would suspend the part of the decision that limited the (Attorney General’s Office) the power to present requests from the STF to the Senate.
The magistrate did this on the afternoon of this Wednesday (10), following a request from the Senate itself in the records.
He also removed from the agenda the virtual trial that could endorse the injunction, scheduled to begin next Friday (12). The minister requested the case be judged in a physical plenary session.
Gilmar said in his decision that he considered the advancement of discussions in the Senate on an update to the legislation that governs the impeachment process of authorities.
“It is interesting to note that the original terms of the project were, in general terms, adjusted to incorporate a significant portion of the guidelines contained in the precautionary measure”, he stated, in the decision.
“This legislative improvement is not limited to formally complying with the determinations of the Federal Supreme Court, but constitutes an act of high public spirit, aimed at preserving the integrity of the Judiciary and protecting harmony between the Powers”, he added.
The minister’s first decision, taken last week, shielded members of the Supreme Court from these processes by establishing that it would be up to the PGR alone to propose the loss of the magistrates’ position. Under current law, any citizen can submit this request.
The minister, on the other hand, maintained the validity of the section that increases the quorum necessary to open the process in the Senate. Currently, the law provides that the initiative advances with a simple majority of parliamentarians present in the plenary. Gilmar determined that a two-thirds quorum must be considered.
The negotiation for Gilmar to suspend the decision was carried out between members of the STF and the Senate leadership. The minister spoke by telephone, on Tuesday (9), with the former president of the Senate, author of the project that modifies the impeachment law.
The negotiation was reported and confirmed by Sheet.
Gilmar’s decision, who assessed the decision as a restriction on his prerogative to decide on the impeachment of Supreme Court ministers. In the following days, the Judiciary and Legislative leadership.
The project prepared by the Senate to change the legislation should only be voted on in 2026. This Wednesday (10), the rapporteur of the CCJ (Constitution and Justice Commission), Weverton Rocha (PDT-MA), asked.
A preliminary version of the report shows that those decided by Gilmar Mendes.
The text stipulates that impeachment requests may be formulated by political parties represented in Congress, by the OAB (Brazilian Bar Association), by professional associations and by popular initiative with at least 1.56 million signatures at the federal level.
The preliminary report also gives a deadline for the President of the Chamber to decide on the initiation of impeachment proceedings against the President of the Republic and other authorities. There will be up to 30 working days to approve or reject – in case of rejection, the decision may be appealed to the Board of Directors of the Chamber and in the plenary – if the rule comes into force.
Today, the president of the Chamber has no deadline and, in practice, can hold as many impeachment requests as he wants. This section does not interfere with the impeachment of STF ministers, as these processes do not go through the Chamber.
Weverton said that he still needs to analyze requests for changes to the project made by the opposition and by members of institutions such as and . The proposal responds to the shielding of ministers, but affects several other authorities.
The report was expected to be presented this Wednesday. If there was an agreement, the vote could also be held, although senators considered this scenario unlikely.
Weverton considered that it would not be possible to hold the vote next week anyway. Therefore, it would be better to dedicate more time to preparing the report.
“The leader of the opposition, senator, gave me several contributions, which even if I don’t agree with them, I need to respect them”, said the rapporteur.
“Other institutions are also concerned and made their contributions. The Armed Forces, the members of the Public Ministry themselves, the public agents who are affected by this law”, declared Weverton.
The senator also said that the postponement would help to dissociate the discussion from the shield promoted by Gilmar to the members of the court. The minister rather than anyone.
