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Supreme Court decides that the endorsement of the Parliament is necessary before applying restrictions against legislator

Senate plenary vote on the withdrawal of Senator Aecio Neves gained the power to reverse the decision taken by the Supreme Court STF after the trial on Wednesday, Oct. 11.

Senator Aecio Neves


By 6 votes to 5, STF ministers considered necessary the endorsement of Congress for the removal of deputies and senators from their mandates by order of the Court. The president of the Supreme Court, Carmen Lucia, gave the decisive vote after a tie by 5 to 5.

Process against Senator Aecio Neves, which is far from the mandate since the end of September, will be forwarded to the Senate by the STF in up to 24 hours after the decision of the night of Wednesday, whose reporter was Minister Marco Aurelio de Mello. However, who will do the routing is not yet defined.

According to the final decision, the judiciary has the power to apply any precautionary measure against a parliamentarian. The exception is due to measures that interfere “directly or indirectly” with the exercise of the parliamentary mandate. In this case, the determination will be submitted to the endorsement of the respective Legislative House according to the understanding of each judge.

The inclusion of the expression “directly or indirectly” in the pronunciation of the result caused controversy in the plenary, after more than 10 hours of session. According to Carmen Lucia, that will allow the judge to decide, according to each case, what measures affect the exercise of the mandate and which should be sent to Congress.

If accepted by parliamentarians, they can be applied. Otherwise, it is not yet clear whether the measures are definitively rejected or can be applied at the end of the mandate of the target and its consequent privileged forum.

Wednesday’s Supreme Court trial lasted more than 12 hours, with some ministers casting votes for about an hour and a half, each. The president of the court, Carmen Lucia, was marked by the crisis unleashed between the STF and the Senate after the 1st Class of the Court removed Aecio Neves from the exercise of the mandate two weeks ago.