Representative Paulinho da Força (Solidariedade-SP) called the (STF) this Friday (11) to suspend the processing in the Chamber of the proposal that allows Congress to suspend Court decisions.
According to the congressman, the Proposed Amendment to the Constitution (PEC) tends to abolish important clauses of the Constitution, such as the separation of Powers. The situation, according to him, would authorize the STF to intervene in the process of discussing the text in the Legislature.
For the deputy, the proposal is a “real and serious threat” to the rule of law.
“The matter will effectively be deliberated by the Chamber,” he said. “And, thus, it is no longer a simple diversion to entertain the authoritarian mob: it has now assumed the condition of a real and serious threat to the institutional conformation of the Democratic Rule of Law outlined in the Federal Constitution of 1988”.
Restrictions
The text in question was approved by the Chamber’s Constitution and Justice Committee (CCJ) on Wednesday (9) as part of a .
The proposals still need to be analyzed by a specific commission, which must still be created and installed. The nomination of this group is up to the president of the House, Arthur Lira (PP-AL).
As shown by the CNNSTF ministers assess that the package of measures is unconstitutional and .
Archive request
The action filed by Paulinho da Força at the STF is a writ of mandamus, with a preliminary request to suspend the processing of the PEC. On the merits, the deputy wants the Court to order the proposal to be shelved.
According to Paulinho, a decision by the STF suspending the processing of the PEC would not be “any activism”.
“On the contrary, it will reinforce the normativity of the 1988 Federal Constitution,” he argued. “It was this 1988 Constitution that invested the Supreme Court with the power-duty to control the constitutionality of Proposed Amendments to the Constitution aimed at abolishing certain constitutionally protected values, as is the case in other legal systems”.
According to Paulinho da Força, the PEC that allows Congress to suspend STF decisions “places the exercise of the jurisdictional activity of the Federal Supreme Court under a resolutive condition”. “This affects the entire Judiciary.”
