‘It is an explicit attempt to strike one of the presuppositions of the democratic state of law’, said the parliamentarian, in an interview with ‘Jornal da Manhã’, from Jovem Pan
the federal deputy Fábio Trad (PSD-MS) criticized the Proposal for a Constitutional Amendment (PEC) which plans to give to National Congress the power to overturn decisions of the Federal Supreme Court (STF). In an exclusive interview with the program “Morning newspaper”of Young Pan Group, the parliamentarian stated that the idea is “unconstitutional”. “It is an explicit attempt to strike at one of the presuppositions of the democratic rule of law, which is based on the tripartition of powers. Each one must exercise, within its square, its attributions previously established in the 1988 Constitution. If we allow the Legislative to review decisions on the merits of the Judiciary, we will remove from the Judiciary the essence of its power, which is to arbitrate institutional conflicts, giving the last word. It is an unconstitutional proposition because it violates that principle,” he declared.
According to Fábio Trad, the PEC has 45 signatures and should not reach the number of 161, the minimum number to be voted on by the National Congress. “I think that the Legislature can act up to a limit, which is respect for the fundamental attribution of the Judiciary. In subjective conflicts, the Judiciary has the last word. Otherwise, the Legislative Assemblies, for example, will invoke the principle of constitutional symmetry and also claim the right to pursue the decisions of the courts of justice, those that are not unanimous. This will cause enormous instability in the system, as the Legislature will have the last word. There is an interesting project that will be presented by deputy Bia Kicis, which allows resources against monocratic decisions of STF ministers. It is a way to challenge the decisions of the Judiciary,” she added.