The Federal Supreme Court (STF) decided this Thursday (26) by 8 votes to 2 against the extension of the INSS CPMI. Ministers André Mendonça and Luiz Fux voted in favor of the injunction that determines the postponement of the commission. Magistrates Flávio Dino, Alexandre de Moraes, Cristiano Zanin, Kassio Nunes Marques, Dias Toffoli, Cármen Lúcia and Gilmar Mendes voted together in dissent to Mendonça and Fux and formed the majority.
André Mendonça
The vote began with the rapporteur of the Banco Master case, minister André Mendonça, who on Monday (23) had already determined that the president of the National Congress, Davi Alcolumbre (União-AP), would make the extension of the CPMI official within 48 hours.
In his vote in favor of Mendonça, he said that not extending the CPMI would harm the results of the investigations. “Obstacles are created in reading and approving requests, until the deadline runs out. This is what will happen if we do not extend the CPI”, pointed out the minister.
Flavio Dino
Then, Dino was the one who opened the votes in divergence and did not follow André Mendonça’s pre-determined decision. The minister understands that the issue is up to Congress, that the Constitution does not deal with the extension of CPIs and therefore there is no right to automatically extend the deadline.
According to the minister, it is the parliamentary houses who decide the right to postpone. “If the parliamentary houses understand that there is an automatic extension, this is a regulatory matter, law 1579 says how the extension takes place”, he explained.
Alexandre de Moraes
Minister Alexandre de Moraes also disagreed with Mendonça’s injunction and voted against the extension. “The establishment, with a specific deadline, and a determined fact, is a right of the minority [oposição]. Extension is a right of the majority”, explained Moraes. Still during Dino’s vote, Alexandre de Moraes agreed with the interruptions made by Gilmar Mendes, criticizing the breaches of confidentiality in the Master case as “criminal”.
Cristiano Zanin
The next to vote was minister Cristiano Zanin, who also followed the divergence. “The vote goes in the same direction as Flávio Dino. Precedents judged by this court deal with the creation of commissions, not extensions”, explained Zanin.
Kassio Nunes Brands
Magistrate Kassio Nunes Marques added another vote to the divergence, agreeing with Dino’s position in relation to the judgment of an extension not being within the STF’s jurisprudence. “I understand that Minister Flávio Dino started at a point that is surgical: a matter is constitutional when it establishes objective criteria. Are these requirements measurable? I understand so. However, the text is limited to creation and now we are facing another institute, which is extension.”
Luiz Fux
Luiz Fux was the only vote to follow Mendonça’s decision and agree with the extension of the INSS CPMI. “Since it is the prerogative of minorities to establish the CPMI, it is natural and essential that this prerogative also extends its activities,” said Fux.
Toffoli Days
Minister Dias Toffoli once again reaffirmed the point made by other ministers and also voted against postponing the commission. According to the judge, it is up to the National Congress to decide whether or not to extend a CPI, not the Supreme Court.
Carmen Lucia
Cármen Lúcia voted with the divergence, and added another vote in disagreement with the extension of the INSS CPMI. According to the minister, given that there is no automatic extension of the original CPI right, there is no “clear and certain right” to judge the injunction by the STF.
Gilmar Mendes
Gilmar Mendes’ vote was also for not postponing the INSS CPMI. The minister made it clear that he considers it an “abuse of power” by the commission when confidential information was leaked for the CPMI investigation. “The combined breach of confidentiality, without justification, is obviously unconstitutional. This is illegal and you know it is illegal”, said the minister.
Edson Fachin
Finally, the President of the Supreme Court, Edson Fachin, in a quick and objective vote completed the majority of 8 votes against the extension against 2. For the minister, the postponement is not obvious to the point of configuring a “liquid and certain right” capable of being protected by the Court. “Therefore, in this order of ideas and in accordance with the vote and other reasons, I support the conclusion of denying the order”, concluded Fachin. He also thanked the case’s rapporteur, André Mendonça, for presenting and opening the trial.
