Alexandre de Moraes’ decision to suspend the application of the Dosimetry Law intensified tensions between the STF (Federal Supreme Court) and the National Congress. For analyst Clarissa Oliveira, when CNN Behind the Scenesthe debate surrounding the validity of the new standard goes beyond the legal sphere and has an essentially political component.
She highlights that “all this or not about the dosimetry law has a background that is political, strictly political, which has nothing to do with the legal issue behind the advancement of this legislation.” The law was approved by the National Congress, went through the veto process, had the veto overturned and came into force. However, the STF was provoked by the left-wing camp that questioned the constitutionality of the measure, forcing the Court to take a position.
Technical issue and opposition
The analyst highlights that Alexandre de Moraes’ statement also has a relevant technical dimension. According to her, in all ongoing actions. Clarissa exemplifies the risk of an immediate decision that would release someone involved in the events of January 8th, if the STF plenary were to later decide differently — which would create a legally unsustainable situation.
Clarissa Oliveira points out that Alexandre de Moraes’ decision has a direct impact on . “Critics of Minister Alexandre de Moraes will use this to make an electoral speech to that support base”, stated the analyst, referring to the dynamics of antagonism between right-wing names active in Congress and the magistrate.
Quick-fix trend
Despite the heated atmosphere, Clarissa assesses that the tendency is for an agile resolution to the impasse. She notes that it is not in the interest of the STF — which is already going through a moment of fragility, as in the case involving Banco Master — to directly confront the Legislature at this time.
According to the analyst, there is a significant wing within the Court that defends the analysis of the constitutionality of the law quickly, especially as the election period approaches.
