Conflicts between the National Congress and the Federal Supreme Court (STF) remain on the agenda. This time, the issue unfolds in the debate about the privileged forum and the fight against drugs. Parliamentarians, mainly from the opposition, have criticized STF actions and they are seeking to restrict the hypothesis according to which authorities must be judged by the court. On the other hand, the STF is moving in the opposite direction, analyzing a process that could further expand the privileged forum.
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Simultaneously, the Senate approved a Proposed Amendment to the Constitution (PEC) that criminalizes the possession and possession of drugs, regardless of the quantity. This PEC is a reaction by parliamentarians to the advancement of a case being analyzed by the Federal Supreme Court that could decriminalize the possession of small amounts of marijuana for personal use.
Privileged Forum
The debate about the privileged forum has gained prominence in recent weeks, especially after the arrest of Chiquinho Brazão (No party-RJ). The president of the Chamber, Arthur Lira, started conversations with leaders to create a working group to debate this issue.
Meanwhile, in the STF, there is already a majority in favor of approving the understanding that lawsuits against politicians during the exercise of their mandates should begin to be processed in higher courts, even if they have already left office. This change, previously viewed favorably by parliamentarians, now generates new conflicts between the Judiciary and the Legislature. Previously, parliamentarians preferred to be judged by the Federal Supreme Court, believing in a greater chance of acquittal, prescription of actions or to avoid possible persecution by opponents or first-instance judges.
CPIs, a Message to the Government
Lira also told parliamentarians in the College of Leaders that he would survey the parliamentary commissions of inquiry (CPIs) that are in line to be installed in the Chamber. Today, there are eight requests for the installation of CPIs in the House, including requests for investigation of energy distribution concessionaires, allegations of child sexual exploitation on Marajó Island (PA), and abuse of authorities.
“Centrão” deputies – a non-ideological multiparty political group focused on retaining political power – assess that Lira’s signal for the installation of CPIs works as a message to the government, after the public unease involving the president of the House and the Minister of Institutional Relations, Alexandre Padilha. The CPIs could open space for the opposition, generating strain on the government.
Drug Possession
On Tuesday (16/04), the Senate approved a proposed amendment to the Constitution (PEC) that criminalizes drug possession, regardless of quantity. Now, the proposal still needs to pass the Chamber of Deputies. This PEC appears as a reaction from parliamentarians to the STF’s progress in a judgment that could decriminalize the possession of small amounts of marijuana for personal use. In addition to criminalizing possession, the proposal provides for the inclusion in the Constitution of the need to distinguish between drug dealers and users. The user would be subject to alternative sentences, instead of going to prison.
Analysis:
The tension between the Legislature and the Judiciary continues to unfold with new chapters. The clash over the privileged forum is emblematic of this conflict, reflecting divergent interests between parliamentarians and the Federal Supreme Court (STF). The move by Arthur Lira, president of the Chamber of Deputies, to create a working group on the privileged forum, suggests an attempt by the Legislature to respond to the changes proposed by the STF. However, the majority in the Supreme Court in favor of expanding the understanding of the privileged forum indicates possible resistance by the Judiciary to attempts to limit its jurisdiction over political authorities.
The recent approval of the Proposed Amendment to the Constitution (PEC) that criminalizes the possession and possession of drugs by the Senate shows how sensitive social issues, such as the fight against drug trafficking, can be politically instrumentalized in response to controversial judicial decisions, such as that which could decriminalize the personal use of small amounts of marijuana.
The unfolding of these debates and actions will have major repercussions not only in the legislative and judicial spheres but also in Brazilian society as a whole.
Source: Folha de São Paulo; G1 [1] [2] [3]; O Globo.
