2023-06-23 12:26:00
During a session in Supremo Tribunal Federal (STF) to deal with the guarantees judge, minister Gilmar Mendes criticized colleagues to the point of arguing with Luiz Fux, rapporteur of the case.
The delay in analyzing the matter by the STF was the center of the debate, which began after Fux returned to addressing the need to establish the new category of judges.
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“The Brazilian judicial system needs the attention of the legislator”, observed the minister. “The problems, however, are far from being resolved with the figure of the guarantee judge.”
Mendes interrupted. “It’s been three years since the process has been stalled,” he said. “We have delayed this implementation quite a bit.” Then, Fux recalled having already explained the reasons behind the act. “And we need to stop even more,” he said.
“So let’s say that you always stop”, reacted Gilmar, when he was hit back by Fux: “The objective is to face the issues responsibly without making them media”.
Gilmar tells Fux that the Clean Record Law was made by “drunks”
Returning to reinforcing the need to judge the constitutionality of the figure of the judge of guarantees, Mendes said that he did not want to keep discussing “legislative quality”.
The minister recalled calling the authors of the Clean Record Law of “drunks”.
“Bad law,” he said. “Not for that reason do we declare it unconstitutional. Now, the whole argument revolves around this issue of deputies, a commission.” The dean also pointed out that the anti-crime law was approved by more than 400 deputies.
“If anyone who gets a noise, a stomach ache in the Chamber thinks they have to stop at the STF, we will suspend all the laws”, he observed. “We discuss these things. But are we really going to try the case? Is it constitutional or not? What is possible to implement?”
Fux reinforced that he did not deal with the “quality” of the law that instituted the guarantees judge, but saw a “logistical error” in the norm. “I admire Your Excellency’s sincerity in saying this,” Fux said to Gilmar, in reference to the statement about the Clean Record Law having been made by “drunks”.
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