Fux says Senate committee targets ‘unbridled litigation’ and ‘legislative orgy’

The minister of Luiz Fux, president of the Federal Supreme Court (STF), said that the commission of jurists created by the Federal Senate this Wednesday (23) intends to stop the “unbridled litigation and legislative orgy” on tax, administrative and social security processes.

The commission was created by the president of the Senate, Rodrigo Pacheco (PSD-MG), and will debate and elaborate projects that streamline, unify and modernize the administrative, social security and tax process in the country.

When referring to the legislative orgy, the minister mentioned that since 1988, the year the Constitution was approved, 365,000 tax laws have been produced in the country.

“The greater scope is precisely the simplification and implementation of the stony clause on the reasonable duration of the process”, said Fux.

According to him, the commission will study how to eliminate formalities, unbridled litigation and legislative orgy that leads to the production of 2.2 laws per hour.

Pacheco, in turn, said that the commission’s debate does not impact the progress of tax reform, since the commission will debate the processes and the project in the Senate aims at the tax collection model in Brazil.

“These are issues that will walk independently, although one will serve the other in the future. From the moment Brazil opts for a collection system, tax unification, more simplified, less bureaucratized, the jurist commission will provide the necessary instruments to avoid the judicialization as much as possible”, said Pacheco.

The commission created will have a term of operation of 180 days and will be formed by 17 jurists. The minister of the STJ (Superior Court of Justice), Regina Helena Costa, will chair the group.

In a speech during the signing of the commission’s creation act, Pacheco stated that the commission intends to “implement reforms that reduce the weight of citizens’ demands” in the overburdened structures of the judiciary.

“The intention, in the end, is the establishment of modern rules to unburden the Judiciary, to reduce the judicial demand based on clear rules”, said Pacheco.

Pacheco cited statistics from the Judiciary that show that in 2020, 25.8 million cases were initiated and 27.9 million were completed.

“Our main objective is to have a positive impact on the concrete lives of citizens and companies, reducing the cost and burden of bureaucratic and legal activities in the field of economic production,” said Pacheco.

The document that formalizes the creation of the commission brings the names of the members and the “Justice in Numbers” of the National Council of Justice to appoint the Public Power as one of the largest judicial litigators.

In this scenario, the document says, as the public power has different administrative litigation rites and procedures, with often divergent theses, the result is the excessive judicialization of discussions on matters of administrative and tax law.