Gilmar proposes to block police and military in STF cabinets

Minister Gilmar Mendes, of Supremo Tribunal Federal (STF), on Saturday filed a proposal to amend the internal regiment of the Court to prevent the military of Forças Armadas and servants of the police careers from being assigned to act in the cabinets of ministers. The initiative seeks to restrict the presence of these professionals in administrative and advisory functions, preserving only security activities. The text still needs to pass internal review before possible approval.

Restriction Reaches All Police Careers

The proposal covers members of the Forças Armadas and of the police careers provided for in Article 144 of the Constitution. This includes federal police, federal road police, state civil and military police, military firefighters, and federal, state and district criminal police. The seal applies to the assignment for acting in the cabinets of ministers, regardless of the origin of the server.

However, the measure makes a reservation for security activities. That is, the amendment would not prevent police and military from continuing to operate in STF to ensure the security of ministers, servants and Court facilities. The institutional protection would remain intact, while the office functions would be restricted to effective servants of the Court.

The text also provides that police and military personnel should not participate in the investigations or proceedings and should not engage in legal advice in the offices. With this, the proposal seeks to clearly separate the security assignments from the technical-legal activities, avoiding overlap of roles.

Immediate return of discordant parties

The proposal of Gilmar Mendes also provides that the president of STF determines the immediate return to the organs of origin of the servers that are currently assigned to the Court in disagreement with the new rule. If the amendment is approved, the current assigns would have to leave the offices and return to their corporations, unless they are exclusively in security functions.

If approved, the amendment will enter into force on the date of its publication. The change still needs to be processed internally in the Supreme. The text should be analyzed by the Standing Committee on Rules of Procedure and subsequently submitted to the other ministers in an administrative session. There is no definite deadline for deliberation.

Context of Tension in the Supreme Court

The initiative comes at a time of tension within the Supreme Court involving the performance of police officers assigned to the offices and the conduct of investigations considered sensitive. The presence of these agents in advisory functions has generated debates about institutional adequacy and the independence of investigations.

The police officers who work in the Mendonça office participate in work related to investigations considered sensitive, among them counts involving the Banco Master and the case of undue discounts in benefits for retirees and pensioners of the INSS. These investigations are under the report of the minister André Mendonça, and the actions of the policemen have been questioned.

The presence of the delegates in the office of Mendonça also caused disagreements with the director general of the Federal Police, Andrei Rodrigues, regarding the permanence of the agents in the Supreme Court. The source did not detail the exact content of the divergences, but the proposal of Gilmar Mendes can be seen as a response to this friction scenario.

Next steps and impact

The proposed regimental amendment will now follow for the Standing Committee on the Rules of Procedure of STF. If the committee approves the text, it will be taken to the administrative session with all the ministers. Approval depends on a simple majority, according to the internal rules of the Court.

If the amendment comes into force, the offices of STF will no longer have police and military in administrative and advisory functions. This could change the working dynamics of the ministers, especially in conducting investigations, which would be instructed exclusively by servants of the Court itself.

For the reader, the measure may represent a step towards greater separation between public security functions and judicial activities, reducing potential conflicts of interest. The outcome of internal processing will be closely monitored as it may influence the way the STF conducts sensitive investigations in the future.

Read Also

Flávio Bolsonaro comes to Ponta Grossa this Saturday; see why

Peru Declares Emergency in 5 Maximum Security Prisons

Flávio Bolsonaro visits Filipe Martins on Ponta Grossa and criticizes STF

Font

www.gazetadopovo.com