Brazil’s Chamber Examines 52 Proposals Impacting Supreme Court

In Brazil, the Chamber of Deputies is scrutinizing 52 proposals that could alter how the Supreme Federal Court (STF) operates.

Research from the Poder360 outlet shows these changes could affect minister selection and single-judge decision rules.

However, these proposals are unlikely to move forward in the Chamber before the year’s end and are not expected to be a priority in early 2024.

One notable proposal, already passed by the Senate, aims to limit single-judge rulings.

Constitutional Amendment Proposal (PEC) 8 of 2021 prevents ministers from independently suspending laws and presidential acts.

This proposal, endorsed on November 22 by senators, now awaits evaluation by the deputies.

Another project is also under consideration, stemming from a commission of lawyers, judges, prosecutors, and Superior Court of Justice (STJ) ministers.

Led by STF Minister Gilmar Mendes and STJ Minister Isabel Galloti, this project is being reported by Deputy Alex Manente (Cidadania-SP).

Titled “PL da Moderação dos Poderes,” it was presented on November 23 with suggested changes.

It focuses on “concentrated control actions” and also aims to restrict single-judge decisions.

Moreover, Manente’s proposal seeks to limit smaller parties’ ability to file actions in the STF.

Restricting small parties’ access

This aligns with the views of the Chamber’s President, Arthur Lira (PP-AL), who supports restricting small parties’ access to the Supreme Court.

Additionally, 50 other projects in the Chamber propose various administrative and compositional changes to the Court.

Seven of these suggest alterations in the nomination process and tenure of Court ministers. Currently, justices can serve until they reach 75 years, the mandatory retirement age.

Six proposals deal with single-judge decisions, focusing on injunction rules and decision ratification deadlines.

Proposals setting a time limit for extended case analysis rank third, with four under review.

The Court itself has made internal changes. In December 2022, it established a 90-day limit for extended case analysis requests.

During Minister Rosa Weber’s tenure, another change was implemented: limiting single-judge decisions and mandating urgent review of precautionary measures by the full Court or its divisions.

On August 22, the Senate approved a proposal limiting single-judge rulings in the Court.

This proposal, receiving 52 votes in favor and 18 against, now awaits the Chamber’s review.

Senate President Rodrigo Pacheco (PSD-MG) has shown support for this and other proposals to limit judicial powers.

The Supreme Court currently faces a strained relationship with Congress, particularly the Senate.

Barroso’s remarks against Bolsonarism

Tensions escalated following comments by Minister Roberto Barroso. In a July event, Barroso’s remarks against Bolsonarism irked the opposition, leading to increased friction.

Pacheco has grown impatient, especially after the Court’s decisions on nursing floor rates, a Congressional mandate.

The STF’s judgments on various contentious issues, such as the temporal framework, drug possession decriminalization, and abortion, have further strained relations.

Senators responded to these rulings with countermeasures, including proposing amendments and laws to counteract the STF’s decisions.

This included initiatives to reinstate the temporal framework and criminalize all drug possession, including marijuana.

Following the Senate’s vote, STF ministers voiced concerns.

Ministers Gilmar Mendes, Alexandre de Moraes, and Roberto Barroso opposed the proposal, highlighting the Court’s vital role and opposing legislative interference in its decisions.