The minister’s statement came one day after the Court overturned the Commission’s continuity, by 8 votes to 2
The Minister of the Federal Supreme Court (STF) Gilmar Mendes stated this Friday (27) that the Court’s decision to overturn the extension of the INSS CPMI in the Senate was favorable to Parliament. The judge highlighted that the true interference between the Powers would the Judiciary order the Senate to prolong the work. The declaration took place at an event in Cuiabá, Mato Grosso.
“The interference of power was to order the Senate to extend it. Because, in fact, what we said is that we could not interfere in Congress matters, as well as vice versa. The Constitution provides for the creation of CPIs, which is a minority resource”, said Gilmar.
“From then on, the functionality of the parliament is the one that decides. That’s what we said. It was a decision in favor of the parliament, not one of intervention”, he concluded.
Gilmar’s speech comes one day after the STF decided, by 8 votes to 2,. The Supreme followed the divergence opened by minister Flávio Dinounder the argument that the Constitution does not provide for automatic extension of commissionswith the Legislature being responsible for dictating its own rules and deadlines.
Limits to hangings
In addition to the relationship with Congress, Mendes detailed the benefits granted to magistrates and members of the Public Ministry across the country. The court cut unconstitutional aidbut maintained other bonuses, such as additional for length of service, limited to 35% of the salary ceiling.
The minister justified that, over the years, there was a strong gap in salaries compared to the ceilingresulting in compensation formulas that created the most diverse bonuses. The practice, according to him, generated distortions in the comparison between careers. Faced with the finding that regulatory councils, such as the CNJ and CNMP, had “lost control of this process”, the STF saw the need to impose a “clarified delimitation”.
“The court was guided by this and wanted to find an appropriate way to provide a fair remuneration to the judge, but also to delimit and not allow the sky to be the limit in terms of creation, but rather to make a parameterization”, explained Gilmar.
Vorcaro’s possible denunciation
Gilmar also addressed the possible plea bargain of Daniel Vorcaro, owner of Banco Master. He adopted a cautious tone when asked about the results that could be caused by collaboration, but highlighted the guidelines of the Attorney General’s Office (PGR) and the Federal Police (PF) that the complaint needs to bring new facts.
“Let’s wait for the developments. We need to have very sophisticated institutional learning. What the Prosecutor’s Office and the PF have said at the moment: the accusation has to be based on facts that have not yet been investigated. Therefore, don’t come and tell me what is in the files and proven. So let’s wait for what comes again, for some conclusion”, he said.
The minister acknowledged that the consequences of the agreement could go beyond justice. “Despite the value this may have, we cannot ignore the political impact this may have. We need to separate the legal value from the political repercussions. It is undeniable that it will have political repercussions”, he concluded.
Compulsory retirement
About compulsory retirement, as punishment, Gilmar agreed with Dino’s understanding. He explained that the constitutional amendment that promoted the Social Security Reform undermined the effectiveness of compulsory retirement as a disciplinary measure, since, in the eyes of the population, the sanction is often still interpreted as a benefit granted to the offender.
“What Minister Dino is saying is that the constitutional amendment that reformed pensions put an end to this idea of compulsory retirement, which for the population is seen as a benefit,” said Gilmar.
