Senator Proposes Reform to Limit Powers of STF

Senator Rogério Marinho (PL-RN), coordinator of the Flávio Bolsonaro campaign, defended on Tuesday (22) a reform in the Brazilian judiciary. In his speech, the MP said that the current concentration of power in Supremo Tribunal Federal (STF) undermines democracy. He cited as an example Minister Flávio Dino’s report on parliamentary amendments.

For Marinho, the current model allows selective choices in federal investigations. The senator argues that control of parliamentary amendments in Dino’s hands has become excessive. He compared the case to the fake news investigation, led by the minister Alexandre de Moraes.

Criticisms of the performance of Flávio Dino

Rogério Marinho said that Flávio Dino exercises disproportionate power over the 513 deputies and 81 senators. This would occur by dictating the rules of transparency and traceability of the amendments’ resources. The MP also accused the magistrate of excessively intervening in the local politics of Maranhão, his home state.

As an example, he cited the removal of the President of the Maranhão Court of Auditors. For Marino, this is an abuse of authority. The source did not specify the name of the detainee or the date of the decision. The senator did not present documentary evidence during the statement.

Structural Process and the Role of the Judiciary

A structural process is a legal model inspired by the law of Estados Unidos. In it, the judge not only makes a quick decision and closes the case, but goes on to closely monitor the execution of changes in an institution. In the case of parliamentary amendments, STF understands that there is a deep problem in the functioning of the budget that needs continuous correction.

Critics of this model, such as Marinho, claim that this gives the judiciary a role of administrator. They argue that this action interferes with functions that should be exclusive to the Congresso Nacional and the Federal Executive Branch. The senator did not propose, in the speech, a concrete alternative to the structural process.

Distribution by prevention and concentration of cases

The distribution by prevention happens when a new process is handed over to a minister who already takes care of a similar issue. The technical goal is to avoid conflicting decisions. In practice, however, this allows a single magistrate to accumulate dozens of investigations related to the same subject or political group.

The senator pointed out that this occurred with the investigation of fake news. According to Marinho, Alexandre de Moraes went on to report cases in which he himself was the victim. In addition, the minister would monitor the execution of sentences of political figures and the processes related to the acts that occurred on January 8, 2023.

Impact on Brazilian democracy

For Rogerio Marinho, the concentration of powers in STF weakens the balance between the Powers. He argues that judicial reform is necessary to restore institutional harmony. The senator did not submit a bill or formal proposal during the pronouncement.

Speech comes at a time of tension between Congress and the Supreme. Parliamentarians from different parties have criticized monocratic decisions of ministers. The source did not detail whether there will be articulation to carry the proposal forward.

The Boca no Trombone Portal will continue to follow the developments of this discussion in the national political scene.

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