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After the president of the STF (Federal Supreme Court), Luiz Fux, promised to act against individual decisions in court, Minister Gilmar Mendes reacted and demanded coherence from his colleague.
“Respect the intelligence of others a little, do not do too much demagogy and look at the glass ceilings themselves,” he said.
The two participated this Friday (16) in a virtual event held by the Conjur website. Fux affirmed that “he will democratize the STF”, that he will only have collegiate decisions, but Gilmar responded to his colleague.
Both belong to opposite branches of the court, mainly in criminal trials. Although Gilmar is part of the group that defeats Lava Jato because he considers that many investigations do not respect the guarantees of the accused, Fux acts to keep the operation alive.
Fux opened the event and, shortly after, Gilmar took the floor. He recalled the monochrome decisions of Fux and Minister Luís Roberto Barroso, who also defends the idea of changing internal regulations to force all individual orders to be sent to the plenary automatically.
“I see a lot of enthusiastic people now: ‘let’s ban the court order, you can’t.’ The longest court order that I know of in the history of the Supreme Court, unless you remember it, is the housing allowance, why don’t you come to the plenary right away? “, argument.
Gilmar referred to the 2014 individual court order from the current president of the court to extend housing assistance to all judges in Brazil. The measure lasted for more than 4 years until it lost its effect at the end of 2018.
Fux, however, wants to leave as one of the marks of his management at the head of the Supreme Court the end of the decisions of a single minister that take years to be confirmed or overturned by the plenary session or by one of the classes.
For this, as the sheet, must guide in the next administrative session an amendment to the regiment that makes these decisions automatically pass to the full court.
The idea gained momentum after Fux individually overthrew the habeas corpus granted by Minister Marco Aurélio to André de Oliveira Macedo, 43, known as André do Rap, one of the leaders of the PCC (Primeira Comando da Capita).
“The Supreme of the future is a Supreme who will always survive by holding only plenary sessions. It will be a court where your voice will be univocal. Soon, we will demonize the STF, so that its decisions are always collegial in a voice equal to that understood by the Court on constitutional reasons and values, ”said Fux on Friday.
