There is an undeniable hero and an increase in the “fame” of the judiciary as a whole in our country, especially the Supreme Court (STF). The fact is that along with greater politicization of the population and the increase in polarization in politics, in recent years, Brazilians are more accompanied by decisions in the legal sphere and interest in legal issues, even the most technical.
From 2018, the country was a scene of the sequence of political facts, repercussions abroad, such as the impeachment of the then President of the Republic of Dilma Rousseff (PT); From the arrest of today’s president, but for now the former president Luiz Inacio Lula da Silva (PT), and recently the indelible Jair Bolsonaro (PL), law leader and former president of the Republic; And the movements called undemocratic and related to the liberal and its allies.
Most of the controversial issues listed in the above poems are marked by legal topics and have undergone high cutting. The highest is its main function to maintain the federal constitution. However, because it is a “last instance” court, there is no other body that cannot view his decision. And that’s where a big problem lives: after all, who is watching him?
The most common discussions mean a violation of the constitutional principle called the proper legal process. This principle is a function of braking abuse that can be practiced in administrative and judicial decisions against each Brazilian citizen.
The principle of a proper trial covers other principles that manage the entire legal system: the inertia of the judiciary, which, incidentally, was violated when the investigation was established by establishing the ministers of the Supreme Court; The principle of contradictory and broad defense, equally outraged by certain possibilities, to the extent that lawyers created by the parties did not have access to the proceedings. And not only: individualization of punishment, also exceeded when people convicted of January 8 responded jointly by solidarity by actions that, in my opinion, do not include sufficient elements supporting the infringements.
These are just a few examples that can be mentioned in this space. However, there are a number of violations of entering the constitution intended for the principle of a proper legal process and which have been several times in recent years.
In the latest history of our Republic, the debate, turnover and movements concern probable political preferences by the highest ministers, mainly because many of them have chosen governments, which are publicly opponents of Bolsonaro and their surroundings. So, as to make sure that political indications do not affect legal decisions regarding instances that cannot be questioned or resorted.
The only mechanism created by our Magna Carta, which can excessive excesses by the ministers of STF, are the crimes of liability, provided for in art. 39 of the Act 1.079/1950. From 2021, petitions have been submitted to the federal Senate (competent authority to the trial) in this respect. However, the President of the Chamber should be accepted by requests to go to the trial.
The current President of the Senate, David Alcolumbre (União Brasil), even recently spoke on this subject, saying that the impeachment of ministers in the highest cut in the country would cause “problems for Brazil.” Now the question: would this problem be greater than what we already have – attempt to criminalize the discrepancy?
Isis Sangy is a lawyer; Postgraduate in public law and electoral law; and a professor of electoral law in graduates and extension courses.
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