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On Saturday (09/10), President Jair Bolsonaro said, during interviews, that he could support a proposal to increase the number of Supreme Court (STF) Judges from 11 to 15 if he is reelected. However, he stated that he could change his mind if the court “colds down”. Later, during another interview, the President said that he intends to talk after the elections with the Supreme Court (STF) President Rosa Weber to pacify the climate with the Judiciary. Bolsonaro also mentioned that he will be able to appoint two more STF ministers if reelected, since two other ministers will have to retire due to the age limit. The current head of the Brazilian Government has already appointed two other magistrates to the court: Kassio Nunes Marques and André Mendonça.
Why Increase?
By increasing the number of members of the Supreme Court from the current 11 to 15, the current Government would have the prerogative to appoint the new members and, thus, have a better chance of getting the majority of votes in trials and decisions taken by the Court.
A Response Against a Political Activism
On Monday (10/10), the leader of the current Federal Government in the Federal Deputies Chamber, Deputy Ricardo Barros, told news outlets that the proposal to increase the number of ministers of the Supreme Court (STF) is a “necessity to frame an activism in the Judiciary”. He added that “if the Judiciary remains at this level of political activism (…), this will have a very severe reaction from the Legislative Power.”
Meddling with the Executive’s Attributions
On Friday (07/10), Vice-president and senator elected by Rio Grande do Sul Hamilton Mourão listed, among the plans for his future term in the Senate, the debate on possible changes in the structure of the STF. According to Mourão, the STF “has been consistently invading what are attributions of the Executive and Legislative Powers and sometimes tearing up what is due process of law.” On Monday (10), Mourão gave further explanations about his view on the topic. He said that he was against the increase in the number of justices in the Federal Supreme Court (STF), but in favor of establishing a mandate for members of the Supreme Court, who currently only leave when they reach the age limit of 75.
Ministers are Skeptical
Ministers of the Federal Supreme Court (STF) say they are skeptical about the possibility of a change in the composition of the Court to increase the number of its members. According to media sources, the ministers understand that the statements are part of the electoral strategy of the candidate for reelection, who has been criticizing the Judiciary for a long period. Members of the Court have discussed the matter with Senate President Rodrigo Pacheco and the assessment is that the chances of a measure like this advancing are remote.
If this idea is put into practice, the President would have to use a majority of deputies and senators to approve the change in the form of a proposed Amendment to the Constitution (PEC). However, even if such an idea advances in Congress, the constitutionality of the measure could still be questioned by the Supreme Court. This is because the separation between the Powers is a fundamental clause of the Constitution, that is, it is something that could not be changed on the initiative of the Legislature.
Criticisms
The opposition criticized the idea, claiming that changing the configuration of supreme courts is a common strategy of authoritarian leaders from different ideological spectrums. For them, such a measure can neutralize the role of counterweight exercised by the Judiciary in relation to the other Powers. Former Venezuelan President Hugo Chávez was mentioned as an example.
