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The president of the Federal Supreme Court (STF), Minister Luiz Fux, said on Friday (23) that there must be a “judicialization” of the criteria to be adopted for vaccination against the new coronavirus. For Fux, the STF will have to decide on issues such as individual freedom and immunization requirements.
Fux gave the statements while participating in a videoconference promoted by a company lawyers union, in which the role of the Judiciary in the current crisis scenario was discussed.
“The Supreme Court had to decide the Forest Code. Who understands the Forest Code in the Supreme Court? Nobody was trained in that. School age, who understands pedagogy there? Medical issues …”, said the minister.
“You can write, there will be a judicialization, which I think is necessary, which is this issue of vaccination. Not only individual freedom, but also the prerequisites to adopt a vaccine,” said Fux.
This week, at least two political parties convened the STF in order to ensure the competence of the states and municipalities to determine the mandatory vaccination and other prophylactic measures to combat the new coronavirus.
On Thursday (22), speaking at the virtual seminar “Constitutional Courts, Democracy and Governance”, organized by the STF and the United Nations (UN), Fux said that the constitutional courts have been fundamental to address the pandemic and have assumed ” central role “in conflict mediation.
STF ‘respect’ and ‘prominence’
Still on Friday’s broadcast, Fux said he had a “dream” of regaining “respect” from the STF. The minister also defended that there is less “protagonism.”
For Fux, the “judicial” role ended with the image “of the Supreme Court, which understood that it should give” an answer to everything.
“My dream is to make the Supreme Court return to respect the time of Víctor Nunes Leal, the great jurists Sepúlveda Pertence. I want the STF to be respected and, for that, we create several fronts of action in the STF and the CNJ” said Fux. .
“My first rule that I managed to convey in my intervention: I do not want a judicial role of the Supreme Court to interfere in the theses that are not within its competence in light of the full separation of powers,” he added.
The minister criticized political parties that lose issues in Congress and take actions to try to win in the Judiciary.
“When it comes to ‘judicialization of politics’, this is an absolutely wrong term, because justice is not a function that is exercised in office, it must be provoked. So, ‘judicialization of politics’ means that politicians judicialize the issues that are proper to their deliberations, “said Fux.
Asked about the role of the Judiciary during the pandemic, the minister said that “this is not the time for anyone to win and lose anything.”
For Fux, the organs of Justice must work reasonably and be respectful with the Legislative in what they do not have institutional capacity to deliberate.
“You have to maintain the ‘status quo’. Otherwise it will blow up the state or blow up the company. It is a moment of greater consensus ”, said the minister.
