CCJ approves project that expands hypotheses of crime under the responsibility of STF ministers

The Constitution and Justice Committee (CCJ) of the Chamber approved, this Wednesday (9), a bill that expands the possibilities of crimes under the responsibility of (STF). Now, the text goes to the plenary for analysis.

The project was authored by deputy Sóstenes Cavalcante (PL-RJ). It typifies the usurpation of Congress’s powers by STF ministers as a crime of responsibility.

The proposal was reported by Alfredo Gaspar (União-AL) and was approved by 36 votes to 12.

According to the opinion prepared by the deputy, a Supreme Court judge may be impeached if:

• render judgment in cases in which he is suspected or impeded in the case;
• usurp, through a decision, sentence, vote, judgment or analogous interpretation, the powers of the Legislative Branch;
• use your prerogatives in order to unduly benefit yourself or third parties;
• disseminate, in any means of communication, opinions on processes or procedures pending judgment;
• demand, request, receive or accept a promise of an undue advantage for yourself or another person due to your role;
• violate the parliamentary immunity provided for in the Federal Constitution.

The text also changes the rules for reporting crimes under the responsibility of STF ministers to the Senate, stipulating a period of up to 15 working days for analyzing the impeachment request.

During the vote, the government base took a stance against the text and tried to postpone the vote. According to deputies, the project is a form of retaliation for the STF’s actions against undemocratic acts.

“This type of expansion (of crimes of responsibility) to try to get back at the STF is very bad, to inhibit and reinforce the idea that the parliamentarian is almost untouchable”, stated Chico Alencar (PSOL-RJ).

On the other hand, the opposition argued that the text seeks to correct usurpations of power. “It is not part of any kind of vindictive proposal. It is against these constitutional abuses that I understand this bill will correct. It’s not about being right or left. It’s about placing each power within its constitutional responsibilities”, stated Sóstenes Cavalcante.

Anti-STF package

The project is part of the call being processed at the CCJ. Earlier, deputies approved two proposed amendments to the Constitution (PECs) that target the Supreme Court.

One of them limits monocratic decisions by judges. The other allows Congress to overturn STF decisions if it considers that the Court has exceeded the exercise of its jurisdictional function.

The PECs will still need to be analyzed by a specific special commission, which has no deadline to be created or installed. Afterwards, they must still be voted on in the plenary in two rounds. The two approved projects can go directly to plenary deliberation.