Anti-STF package: CCJ approves project that authorizes Congress to block Court decisions

Just three days after the first round of municipal elections, the deputies of the Chamber’s Constitution and Justice Committee (CCJ) seem willing to confront the Judiciary.

On the afternoon of this Wednesday (9), the collegiate approved a Proposed Amendment to the Constitution (PEC) that allows the Legislature to suspend decisions taken by the Federal Supreme Court (STF), the highest Court of Justice in Brazil.

The project was approved with 38 votes in favor and 12 against. The text still needs to be analyzed by a special committee of the Chamber and, subsequently, by the plenary.

According to the PEC approved by the CCJ, Congress can overturn Supreme Court decisions if it assesses that the Court went beyond its judicial prerogatives. For a STF decision to be suspended by the Legislature, the votes of two thirds of the Chamber and the Senate would be necessary.

According to the text of the project, if Congress blocks a decision by the STF, the Court will still be able to maintain it if it obtains the votes of a fifth of its members.

The PEC rapporteur was the federal deputy Luiz Philippe de Orleans and Bragança (PL-SP).

Earlier, the same CCJ had already approved another PEC that is part of the so-called “anti-STF package”, which limits monocratic (individual) decisions by Supreme Court ministers. In this case, there were 39 votes in favor and 18 against.

“We are seeing an attempt to build an anti-Supreme package, which is being named this way. Implement an anti-Supreme package to say: we want to silence the Constitution that guaranteed democracy. This PEC is also built by those who cannot respect democracy itself”, criticized the federal deputy Erika Kokay (PT-DF).

The opposition deputy Bia Kicis (PL-DF)in turn, celebrated the CCJ’s decisions. “It is up to the National Congress to ensure its legislative competence. This PEC provides a remedy for this”, he stated.