In the first and second rounds of voting, there were 52 votes in favor and 18 votes against, and the matter now moves to the House of Representatives.
Since it was a presidential election commission, a vote in favor of at least 49 senators was necessary in the deliberations.
Although the initiative came from the opposition, some conservatives gave decisive votes to approve it.
This proposal, written by Senator Oriovisto Guimarães, has as its main goal unilateral decisions, which are those made by a single minister in the superior courts.
According to the Presidential Elections Commission, it may not be issued to suspend the effectiveness of a law or law issued by the Presidents of the Republic, the Senate, or the House of Representatives.
He pointed out that “the search for balance between powers involves the fact that the decisions of the National Congress, when it issues a law approved by the President of the Republic, may be declared unconstitutional.” This week, Senate President Rodrigo Pacheco.
But he clarified, “Let it be for the 11 ministers and not individually for one.”
During periods of judicial recess, when the President of the Court, who is generally on duty, is able to make decisions unilaterally, this privilege is preserved.
However, the act must be adjudicated by the Full Court within a period of 30 days.
The CEC forms part of a package being analyzed by the Senate, in response to subsequent Supreme Court decisions, such as a trial that could decriminalize drug possession and declare the Indigenous lands timeline unconstitutional.
In this regard, Pacheco denied the existence of any kind of compensation before the Supreme Court: “It is not restitution, it is not retaliation, it is not any kind of retaliation. We have no reason to do it,” he said.
For Guimarães, the proposal is not aimed at harming the relationship between the authorities or taking revenge on the Supreme Court.
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