STF provides major role with the arrival of Bolsonaro Plateaufor ministers, Court will be triggered to resolve conflicts involving 'flags' advocated by the elected president.
The arrival of Congressman Jair Bolsonaro (PAGE) to the presidency does not pose a risk to democracy, but will the Supreme Court (STF) gain an even greater role in the country's discussions, evaluate ministers heard by State. A expectativa é de que as eventuais “fricções” com outros Poderes devem aumentar na defesa de direitos de minorias e em temas como redução da maioridade penal, posse de armas e voto impresso.
At the same time, the bet is that the Court also become more united and refer to the principle of collective responsibility to resolve conflicts in turbulent times. Signs of this unit already came last Wednesday, na primeira sessão plenária do STF depois do segundo turno das eleições, When, unanimously, o tribunal defendeu a liberdade de expressão nas universidades e deu recados contra censura, silencing opposition and threats of prosecution of police.
O Estado ouviu sete ministros do STF ao longo dos últimos dias para traçar cenários da futura relação entre Bolsonaro e a Suprema Corte. Inside the court, judges praised what they called a more moderate tone parliamentary speech after victory, mas apontam que as instituições – o STF e o Ministério Público – serão ainda mais testadas em um cenário político marcado pelo radicalismo.
"The Supreme Court has had over the years one contramajoritária function, what nothing means the Supreme Court action to counteract any abuse of the majority against minorities. Most legitimized by popular vote, but has no right to oppress minorities and the Supreme Court has been very clear in the exercise of its constitutional jurisdiction ", said Celso de Mello.
"I see no risks to democracy, but I think it's important to always remember the past history of Brazil, periods that prevailed dark times and claims in our country. The warning is necessary for present and future generations will not forget our historical past and not return to cover those situations ", Dean completed.
O ministro Marco Aurélio Mello disse que também não vê ameaças ao regime democrático com a chegada de Bolsonaro, but he stressed that the country is experiencing "strange times" and hopes "that they do not get worse". “O Supremo é o guarda da Constituição, what about the next government, I desire to be full of success from what is established in the law and in the best for Brazil ", said.
For a third member of the Court, who asked not to be identified, the "Supreme Court can not bend" and has to show "pride" on fundamental rights guarantee minorities, as Indians and Maroons. Second or magistrate, if Bolsonaro do everything said during the campaign, the Supreme Court "will have to put the brakes".
In the assessment of another minister, the management of the next agent will have a lot of bravado and runs the risk of becoming a kind of government "yo-yo", who speaks one thing and go back - with the Supreme Court being called at all times to arbitrate conflicts. For this magistrate, it is essential that Bolsonaro lot a good team in the legal field not to "commit absurdities".
in opposition, PT should cause the Supreme Court to express frequent form
Outro fator considerado por ministros é a perspectiva de que o PT, as opposed to Bolsonaro, cause frequent way the Supreme Court to issue an opinion on bills in progress or approved amendments. A avaliação de integrantes da Corte é que a reforma da Previdência, for example, not face resistance, with ministers sensitive to the need to rethink the social security system. Others, However, such as reducing the age of criminal, may face problems.
Há ministros que vislumbram ainda que a ampliação da posse e do porte de armas, one of the campaign promises Bolsonaro, It will also be immediately taken to the STF, because the subject has passed by referendum in 2005.
Toffoli adopts speech and proposes peace pact with the Three Powers
Or do STF President, Minister Dias Toffoli, It has adopted a peace discourse and proposes a pact with the Three Powers. Despite the prospect of ministers on the larger role of the Court, Toffoli want to take the judiciary's role, as announced in New York on Thursday. "We need to, with the democratic renewal that took place in elections, politics back to lead the national development. We passed several years with the judiciary being protagonist, We must restore the confidence of the political ", said. The Chief Justice has arranged to meet Bolsonaro this week.
In practice, However, the potential tension with the Supreme will depend on who Bolsonaro climb to articulate the palace's relations with the Court and Congress. The function is usually exercised by subchefia of legal affairs of Staff. The assessment is that the government of the articulator will need to have sensitivity to know when the battles are lost and prevent the worsening of the Powers.
Redução da maioridade penal
Bolsonaro is in favor of reducing the age of criminal, today in 18 years. A Proposal of Amendment to the Constitution (PEC) already passed the House and is ready to be voted on in the Senate.
police for immunity
The president-elect proposes that police officers who act in self-defense do not respond criminally in case of confrontations with suspects.
Throughout the campaign, Bolsonaro defended the adoption of the printed vote, with the argument that the measure would avoid the risk of fraud. In June this year, the Supreme Court decided to 8 a 2 suspend the implementation of the printed vote in elections, response to a request made by the Attorney General of the Republic, Raquel Dodge.
New government wants the flexibility of the Disarmament Statute and bear arms for the population. At the end of last year, o ministro Edson Fachin negou pedido de associações de magistrados para suspender a exigência de comprovação de capacidade técnica e aptidão psicológica para que juízes possuam armas de fogo.