There is no crisis with the STF, and the proposal improves Justice, says author of PEC that limits monocratic decisions in courts

2023-10-05 01:01:10

In an exclusive interview with the Jovem Pan website, Oriovisto Guimarães dismisses discomfort with the Judiciary, comments on lightning approval at the CCJ and demands a reaction from parliamentarians: ‘The Senate is very silent’

Edilson Rodrigues/Agência Senado The report by Esperidião Amin (PP-SC) was in favor of Guimarães’ text and approved in 40 seconds by the members of the collegiate

A CCJ (Constitution and Justice Commission) of the federal Senate approved this Wednesday, 4th, in less than a minute, the Proposed Amendment to the Constitution, authored by senator Oriovisto Guimarães (Podemos-PR), which proposes imposing a limitation on monocratic decisions and requests for views from ministers of the STF (Federal Court of Justice). The report of Amin Esperidião (PP-SC) was in favor of Guimarães’ text and approved in 40 seconds by the collegiate, which led to criticism of the accelerated vote and of Parliament itself: “It is proof of the irresponsibility of the National Congress”, wrote an internet user. “In 40 seconds, the Senate Justice Committee approved the PEC that limits individual decisions of the STF. Have you ever seen anything that is supposed to help people get approved in 40 seconds?” said another. Despite the questions, the author of the proposal rejects that the procedure was rushed or irresponsible. “The time of the vote is the final decision, but it does not mean that it was a thoughtless or undiscussed decision. On the contrary, it was highly discussed. Voting is the end of the discussion, the debate took place before. But they are ignoring this fact”, stated Oriovisto Guimarães in exclusive interview with Jovem Pan website. According to the senator, the text has no relation to the current movement to obstruct congressmen against alleged interference by the Judiciary, and should not create uneasiness between the Powers, just “balance”. “There is no fighting, fighting or disrespect. It’s about improving Brazilian Justice,” he added. Check out the main excerpts from the interview below:

The CCJ approved a PEC of its authorship that, among other things, limits the monocratic decisions of STF ministers. Approval by the board took place within seconds. How do you evaluate the quick vote? Is it a response to recent STF decisions? They filmed the exact moment of the vote and said it was a decision in 40 seconds. This is pure illusion. The PEC was discussed for four years, the rapporteur, Senator Esperidião Amin, reported for more than two months, they asked for a review, it was discussed exhaustively, I spoke to each senator. It is a completely unreasonable view. It’s the same view as saying that you voted for President of the Republic in the voting booth in 1 minute, ignoring that you discussed it with friends, family, with your own conscience and in the ballot box you expressed [a sua escolha]. The time of the vote is the final decision, but it does not mean that it was a thoughtless or undiscussed decision. On the contrary, it was highly discussed. It’s like that in any vote in the plenary as well. When voting is by roll call, it is time for each parliamentarian to cast their vote. Voting is the end of the discussion, the debate took place before. But they are ignoring this fact as if there had been no discussion. This is fake, it’s a lie.

In practice, what is the PEC’s proposal? This PEC is from 2019. What it seeks is balance between the Powers. What balance? In a democracy you have Executive, Legislative and Judiciary. It is a system of checks and balances. Today the system is unbalanced. Look, 513 deputies approve a law, 81 senators too and the president sanctions it. A single minister in a monocratic decision suspends the law and it remains for years without being put to a vote in the plenary. A month before retiring, for example, Ricardo Lewandowski made a monocratic decision that suspended the State Law, which to this day has not been voted on in the plenary. [do STF]. What is the consequence? Total legal uncertainty, and the Lula government placed politicians in all state-owned companies. Is this good for the country? It can’t continue. This PEC does not include all preliminary decisions, many issues will remain open to monocratic decisions.

Which subjects will be vetoed for monocratic decisions? If Lula, for example, makes a decree, he was elected, but [no momento] a single minister, who did not have a vote, can say that [o decreto] it’s not worth it. A man alone. I’m not saying the Supreme Court can’t do this. You can make decisions by Congress and the president, but as long as it is done by the 11 ministers, by the collegiate. I am against the monocratic decision. We do not accept this monocratic decision. In minor matters the decision remains valid, it is only prohibited for Direct Action of Unconstitutionality (ADI) and acts of presidents of other Powers.

What are the expectations for approval in the Upper House plenary? Is it possible for it to happen this month? Yes. I will fight for it to happen and I have plans that it will be approved in the next four weeks. Let’s fight for it. As it is a PEC, we need 49 votes and go through three or four sessions. It is a ritual for approving PECs.

And in the Chamber, can it be approved this year? In the Chamber, I believe the proposal will be well received, I have a lot of support and many deputies have already come to talk to me. But not voting this year yet.

The approval of the PEC occurs amid obstruction in Congress and the defense of parliamentarians for the approval of other projects that bring an alleged balance between the Powers. Do you believe that the advancement of the PEC of your authorship could lead to uneasiness among institutions? Does not cause discomfort. The Federal Senate is very silent, very silent. And that’s how it is, they are independent Powers. The Upper House has its role, and the only power that can make laws and was elected to do so is Congress. The Supreme Court cannot make laws, it can apply them. Congress is the one who makes the law, we are elected for that and the STF cannot invade this field.

So do you rule out that there is, at the moment, a crisis between the institutions? There is great respect in Congress for the STF, but we need to dot the “Is”. But this is not a crisis. Parliament has to play its role, there is no fight, fight or disrespect. It’s about improving Brazilian justice.”