“Nobody is obliged to comply with unconstitutional decisions”

When asked this Thursday (9/9) about the speech of the president of the Federal Supreme Court, Minister Luiz Fux, condemning the position of president Jair Bolsonaro (no party), the president of the Chamber, Arthur Lira (PP-AL) , said that “no one is obliged to comply with unconstitutional decisions”. According to him, only the “correct” judicial determinations must be complied with, “even if they are resorted to”.

“This is an analysis that the STF had of the speech [do presidente], as there are other analyses, and we are going to wait and see what happens”, he declared. “At first, the legal counsel is observing the speech in its entirety. We already have some positions that say that unconstitutional decisions no one is obliged to comply with”, highlighted Lira, before starting the session of the Chamber destined to vote on the new Electoral Code.

“A correct decision by the Court [é] Of course, we all have an obligation to comply. Court decision, it is said, is fulfilled. It appeals, but it is fulfilled”, said the president of the Casa Baixa.

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Impeachment

Lira’s calming posture after the demonstrations has been the target of criticism from opposition parties and even from the center. Some acronyms put pressure on the mayor to start processing Bolsonaro’s impeachment.

These captions say that there was a crime of responsibility when the head of the Executive declared that he will not comply with the decisions of the STF minister Alexandre de Moraes, rapporteur of the process that investigates the dissemination of false news and attacks on institutions, and that the president himself and his supporters as investigated.

According to political scientist Márcio Coimbra, it is “civil disobedience”. “The president, like any citizen, must respect any court decision. The prerogatives of a President of the Republic do not include non-imputability, there is no safe-conduct. If he does so, he will incur a crime of responsibility”, explains Coimbra. The Federal Supreme Court is responsible for judging the constitutionality of the laws and acts of the authorities of the Powers.

“There is no ‘Alexandre de Moraes decision’, there is a court decision. He [Alexandre de Moraes] decides by the Supreme. Legally, these decisions are subject to appeal if the defense does not agree. The President of the Republic cannot filter the decisions that he will or will not comply with”, says the political scientist.

Once again, Lira ruled out the opening of an impeachment process against Bolsonaro and said that his party, the PP, did not put the matter on the agenda.

Lira again praised the protests, considered by the opposition to be undemocratic. “The Seventh of September stayed. I would like, once again, to congratulate the Brazilian population that took to the streets, once again, in a very orderly manner”, he pointed out. “We have been used to demonstrations since 2013. Let them come, because the population has the right to take to the streets”, he pointed out.

The president of the Chamber stated that the protests will have to be understood by the authorities of the Republic so that the Three Powers “may find a way to govern the country”.

Arthur Lira also emphasized that the Chamber will continue to process economic reforms, in line with the campaign proposals presented in 2018.