[ad_1]
Luiz Fux’s main challenge is to restore the supremacy of the Supreme Court. To achieve the goal, Dias Toffoli’s replacement needs to defend the Supreme Court from itself.
The highest instance of the Judicial Power is going through a period of rare discredit. The phenomenon is not due to external attacks, but to a lack of internal control. It is difficult for the Supreme to have a healthy relationship with society if the ministers themselves do not respect each other.
The former president of the Supreme Court, the constitutionalist Carlos Ayres Britto, often says that in a democracy nobody can prevent the press from speaking first and the Supreme Court speaking last. True. The problem is that the voice of the Supreme has been disconnected.
Eight out of ten Supreme Court decisions are made individually. This means that there are 12 supreme, the 11 ministers plus the plenary. It is not uncommon for ministers to decide against the collegiate.
To say that the Supreme often undoes what he has done is little to translate the atmosphere of confusion. There are also divergent decisions made in two groups: the first and the second. One, called the Gas Chamber, is an expert at blocking. Another, nicknamed the Garden of Eden, prefers to open the cells.
The Supreme exists to harmonize conflicts, dissolve disagreements. Operating in discord, it produces the opposite: legal insecurity. With Toffoli, the robes are said to no longer argue on camera. In fact, some do not even speak.
Fux is different from Toffoli. To stick to the most obvious distinction: one is lavajatista; another does not like the “Republic of Curitiba. But the fact that they are different does not make any difference in the exercise of the presidency. Why? Simple: The Supreme Court does not respect the hierarchy.”
Bearing this in mind is essential to understanding how the Court works. The figure of the president of the Supreme Court, who the most unsuspecting might mistake for that of a boss, is, in fact, a mere coordinator of the work.
Fux will “command” the Supreme Court in the 2020-2022 biennium not because his colleagues consider him more capable. He was “elected” president on June 25 because it was his turn in the rotation system.
It is immediately known that Rosa Weber, “elected” vice president, will inherit the chair from Fux in two years. In this game played, it is up to the president to organize the plenary trial agenda and try to impose a civilized treatment of conflicts.
Under normal conditions, the Supreme should be a place where people who think differently are necessarily treated as equals. They are all, or should be, effectively the same there.
Fux’s opinion is worth as much as that of the other ten ministers. It means saying that the worst illusion that can affect a president of the Supreme Court is the illusion that he presides.
Even before assuming command, Fux set himself an itinerary with four destinations: protection of fundamental rights, defense of the environment, fight against corruption and economic causes. You risk being hit by circumstances.
Outside of the presidency, Toffoli will occupy a seat in First Class. His transfer is articulated to the Second Panel, responsible for Lava Jato. He would occupy the chair of Celso de Mello, who retires in November.
In a collegiate of five ministers, Toffoli would grace the anti-Lava Jato majority in the company of Gilmar Mendes and Ricardo Lewandowski. Edson Fachin and Cármen Lúcia would compose the stage as defeated votes.
Today, with Celso de Mello out, Fachin and Cármen pick up ties with the scent of defeat in Second Class. The score is always 2 to 2. Something that favors the accused (in doubt for the accused). Sentences are routinely relaxed, acquitted and canceled.
Segundona sets the stage for the trial of the suspicion request made by Lula’s defense against Sergio Moro. Confirming the presence of Toffoli, a score of 3 to 2 is obtained in favor of the nullity of Moro’s sentence in the case of the triplex.
Thus, under the presidency of the lavajatista Fux, the Supreme Court can pave the way for cleaning up Lula’s dirty record, allowing him to run for Plateau in 2022. All this with the favorable vote of Toffoli, a former public relations attorney and former attorney general of Unit in the Lula government.
The unconstitutional of Lava Jato sentences leaves in the air a series of questions that intrigue the Brazilians who took to the streets for the restoration of morality.
What to do with the deletions? How to handle the evidence? To whom will the State return the money raised from the sale of the triplex? To whom to return the more than R $ 4 billion recovered?
The Supreme Court specializes in walking like a crab: backwards. It repealed the rule that allowed convicted prisoners to be detained in the second instance after approving imprisonment four times. By restricting the scope of the privileged forum, the Court decided that it would only try parliamentarians in trouble if the crime had been committed during and was related to their mandate.
To protect Senator José Serra, Gilmar Mendes withdrew a lawsuit before the Supreme Court in the Electoral Court of São Paulo. Nothing to do with Serra’s mandate in the Senate. It is about economic promiscuity from the time that Serra was governor.
Restore privileged forum is offline. However, in a Supreme Court free of supremacy, a political ally looted for illegalities is sent to the first instance of the Electoral Justice under the assumption that the process will not continue. If you walk, the forum is reset and the prescription is awaited.
The shuttle generated much criticism. That Toffoli decided to treat as attacks on the institution. He launched a secret investigation of his own to identify and punish those who fire rockets at the Supreme Court – real and metaphorical rockets.
The investigation should have been requested to the Prosecutor’s Office. But the flirtation with illegality was endorsed by the plenary session of the Supreme Court, with the favorable vote of Fux. Framing the critics will not solve the problem if the Supreme continues to plot against the Supreme.
