Bets, Bolsonaro, Uber, Marielle, social networks and amendments: see the STF agenda for 2025

At the end of 2024, the president of the Federal Supreme Court (STF), minister Luís Roberto Barroso, celebrated the 15% reduction in the Court’s caseload in relation to 2023. The Judiciary continued as one of the protagonists among the Powerswith important decisions such as indigenous rights, secret budget, fires, payroll tax relief, labor issues and the decriminalization of drug possession.

For 2025 this should be no different. Minister Barroso has already defined some agendas that will be at the opening of the Court’s year, in February 2025.

The first decision concerns the lawfulness of evidence obtained from strip search of visitors in prisons. Another scheduled for February is the Claim of Non-compliance with Fundamental Precept 635, known as the ADPF of Favelaswhich deals with violence and police lethality and which led to restrictions imposed by the Court during the pandemic on police operations in communities in Rio de Janeiro. And there is also ADPF 777, which deals with ordinances published by the government of former president Jair Bolsonaro.

Criminal agenda

In the first half of the year, other important trials should be on the agenda, such as the crime of those involved in the murder of the councilor Marielle Francoin 2018, as well as the complaint against the former president Jair Bolsonaro and his allies for an alleged coup plot after the 2022 elections.

In this second case, after the indictment of those being investigated by the Federal Police, the Attorney General’s Office can present the accusations until June. The case of the coup attempt is being reported by minister Alexandre de Moraes and, if the complaints are accepted, it will be analyzed by ministers Carmem Lúcia, Luiz Fux, Flávio Dino and Cristiano Zanin, from the 1st Panel.

The 1st Panel of the STF must also be responsible for judging the action related to the murder of Marielle Franco and Anderson Gomes.

The process has been in the final arguments phase since October last year and the defendants include federal deputy Chiquinho Brazão and his brother counselor at the Rio Court of Auditors, Domingos Brazão, accused of qualified homicide and criminal organization.

Amendments

To the parliamentary amendments they must also be on the list of cases to be analyzed in the first semester.

In addition, other topics must also be debated in court, such as the case of the employment relationship of app drivers, such as Uberand the end of the analysis on the accountability of social media about content posted on platforms by users.

The social media trial was halted last year after a request for a review from Minister André Mendonça. The 90-day deadline to return the process to the agenda expires at the beginning of this year. The analysis involves the constitutionality of an article of the Civil Framework for the Internet about the guilt of big techs in case of illegal posts.

Controversies

Among other controversial topics that could be included on the STF’s agenda at the beginning of the year is online betting, betswith restrictions on advertising for children and teenagers.

There is also a discussion about police violence and lethality with the judgment of the requirement for the use of cameras by police already established, including a decision valid for the State of São Paulo.

Relevant judgments in 2024

Minister Barroso highlighted in the last session of the STF, in December, some of the relevant judgments in 2024. He cited the non-mandatory nature of the asset separation regime in marriages and stable unions involving people over 70 years old, the determination of a prevention plan and fire fighting in the Amazon and Pantanal, the illegality of police approach and personal search motivated by race, sex, sexual orientation, skin color or physical appearance and state responsibility for firing a firearm during police operations.

Barroso also recalled the validation of the State-Owned Companies Law and the rejection of judicial harassment of journalists and the disqualification of the victim in sexual crimes against women.

Also highlighted were the imposition of a minimum readjustment criterion by the IPCA for monetary correction of deposits in FGTSthe definition that the possession of marijuana It is an administrative infraction and the establishment of the quantity of 40 grams to distinguish possession for personal consumption from trafficking.

Furthermore, the minister highlighted the immediate execution of the sentence in the Jury Court, the important decisions on medicines (not incorporated and definition of competence and funding), the Mariana agreement (MG) – which resulted in the allocation of R$ 170 billion for victims of the disaster -, and the conclusion of the trial for the elaboration of the Just Penalty Plan, to ensure minimum conditions of dignity in the prison system Brazilian.