Through a PEC proposed by Plínio Valério (PSDB-AM) and endorsed by the President of the Senate, Rodrigo Pacheco (PSD-MG), the Senate wishes the end of the lifetime mandate for STF ministers. The PEC proposes that the positions are valid for 8 years and without the possibility of reappointment. Learn more throughout the article.
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Formulated by Plínio Valério (PSDB-AM), the PEC (Proposal for Amendment to the Constitution) would define that the mandates for STF ministers would have a determined duration. With the support of Senate President Rodrigo Pacheco (PSD-MG), discussions about it intensified among senators.
The arguments presented
Currently, there are deadlines that differ greatly regarding the permanence of each minister, considering that the age of entry into the supreme court is a determining factor in permanence.
This all ends up generating significant changes in the composition of the Supreme Court in a short period of time, with the aim of consequent constant changes regarding the understanding of jurisprudence, thus generating a lack of security legal.
The procedures of the PEC
The proposal appeared by Plínio Valério (PSDB-AM) in 2019 and was analyzed by the Constitution, Justice and Citizenship Commission (CCJ). However, the proposal ended up being shelved, causing the senator to start all over the process of the PEC.
Despite the PEC having been archived previously, after receiving the support of the president of the senate and receiving the result of the last elections for the senate, which will be composed of more right-wing senators, senator Plínio Valério is very hopeful in the approval of this turn.
Opinion of the President of the Senate
For Rodrigo Pacheco, president of the senate, the creation of a mandate for ministers of the stf it's very important. In an event that took place last week at the BTG Pactual bank, Pacheco issued the following opinion:
“To discuss the scope of a monocratic decision by a STF minister or any superior court minister is honest. The time limit for viewing in court cases is also an honest discussion. The very limitation of the competence of the STF is a very palatable discussion”.
More about the PEC
In addition to defining a fixed deadline, the PEC also defines that there is a period of one month from the appearance of the vacancy for the presidents of the republic to indicate a new name to occupy the position. It is noteworthy that if the deadline is not met, the choice would be for the Senate to make.