Deputy appeals to the STF against Mendonça’s decision that kept PEC that expands benefits

Deputy Nereu Crispim (PSD-RS) appealed this Monday (11) against the decision of Minister André Mendonça, of the Federal Supreme Court (STF), who denied a request for an injunction (urgent) to suspend the processing of the PEC (proposal amendment to the Constitution) that increases Auxílio Gás, expands Auxílio Brasil and creates aid for truck drivers and taxi drivers.

He asks Mendonça to withdraw from his decision last Thursday (7th) and, now, suspend the processing of the PEC or, in an alternative case, that the matter be put on an urgent trial by a group of ministers, in a plenary session. virtual.

In the virtual plenary, ministers cast their votes on a Supreme Court platform for a certain period of time. Extraordinary sessions usually last 24 hours.

According to Nereu, this measure would be necessary due to “the exceptionality of the factual relevance, guaranteeing the effective judicial delivery intended due to the urgency and relevance that the case requires”.

The deputy argues that this urgency is necessary because the vote on the PEC, which has an estimated cost of R$ 41.2 billion, by the Chamber of Deputies is scheduled for this Tuesday (12).

The Supremo is in recess from the middle of the year until the end of July and currently works only on duty.

To the report, Nereu said that he talked to the chiefs of staff of Mendonça and also the vice president of the STF, Rosa Weber, asking for speed due to the “supersonic procedure of this PEC”.

“They are violating all the internal regulations, including, on Thursday, there was a session that lasted a minute”, said the deputy.

“[O governo] is making a PEC to give benefit, but they are incorporating a state of emergency that has characteristics of a state of national mobilization. They are opening the door for Jair Bolsonaro to try his big dream again [de mobilização nacional]”, he stated.

On Thursday, Mendonça explained that an eventual appreciation of the PEC by the Chamber does not prevent its subsequent annulment, if applicable, for violation of the due legislative process. For this reason, he argued that there is no reason to grant an urgent decision that prevents its processing.

The minister stated that it is necessary for the parties involved in the action, such as the presidents of the Chamber and Senate, to be heard before a decision is given. He points out that there may be “eventual reassessment” of the case after these clarifications are provided.

According to him, the intervention of the Judiciary in the activities of the other Powers must be of absolute exceptionality, “opting, at this initial moment, for the presumption of constitutional legitimacy of the questioned acts”.

This intervention, he said, should only happen in cases where there is “flagrant, unequivocal and manifest disrespect for due legislative process.”

“I believe that judicial self-restraint should guide the Supreme Court’s jurisdictional action in such cases, so that, as much as possible, the premature declaration of invalidity of a legislative act still in its formation process is avoided, given the evident risk that it may translate into in undue interference by the Judiciary with the Legislative Power, in violation of the principle of Separation of Powers”, said Mendonça.

In the lawsuit he presented to the Supreme Court, Nereu Crispim, who is president of the Parliamentary Front in Defense of the Autonomous Truck Driver, stated that the PEC could not even be processed, discussed or voted on because it violated stony clauses of the Constitution.

On Monday night, a deputy from Novo, Alexis Fonteyne (SP), also asked the Supreme Court to suspend the process of the PEC. His argument is, like Nereu’s, that the text violates the stony clauses of the Constitution.

In a note sent to the press, Fonteyne says that the PEC “is wrong from beginning to end, from text to procedure. It is irresponsible and lacks respect for Brazilians, from a fiscal, electoral and constitutional point of view.”