STF opens a business desk with future congressmen

The election of the next president of the Senate, scheduled for February, was followed with special concern in the Supremo Tribunal Federal (STF). The reason is simple: the new occupant of the position will be decisive for the processing of impeachment requests against ministers of the Court. For the time being, Rogério Marinho (PL-RN), a critic of the STF’s scammer wing, is the favorite for the position.

The movement behind the scenes in Brasilia indicates that ministers of the STF have been seeking interlocutors in Congress to discuss a kind of non-aggression pact. The idea would be to exchange restraint in trials involving parliamentarians for shielding against impeachment requests and other retaliation.

The Congressional Elections Create Suspicion

In recent weeks, one-off decisions of the Court have attracted the attention of political observers. One of them was the progression of Débora do Batom, condemned by the acts of January 8, to the semi-open regime, authorized by the minister Alexandre de Moraes. The decision, which was released on Tuesday (6), had been signed on Friday (2), before the first round, and followed the previous opinion of the Attorney General of the Republic (PGR).

Gilmar Mendes, for its part, ordered on Tuesday (6) the filing of an investigation request against Alfredo Gaspar, candidate for vice-president in the plate of Flávio Bolsonaro, after the PGR considers insufficient the elements presented to justify the opening of the investigation. The two gestures were interpreted as nods to the bolsonarist field, which historically pressures the STF.

The senator left the meeting with Fachin saying that “there will be no revenge of the bolsonaristas against the ministers, but there will also be no omission.” The intention, according to him, is to normalize the relationship between the Powers. The statement, however, did not dispel suspicions that the court is adopting a more malleable stance to avoid future confrontations.

History of controversial decisions

The fear of politicization of the STF is not new. In May 2020, Moraes authorized search and seizure warrants in six units of the federation against journalists, businessmen and supporters of Jair Bolsonaro, including Allan dos Santos and Luciano Hang. The measure was criticized by civil society and the press, who saw it as an excess of power.

On the eve of the second round of the 2022 elections, the court censured a documentary about Bolsonaro produced by Brazil Paralelo. At the same time, it passed a resolution that expanded the mechanisms for removing content from the internet, providing for fines of up to R$ 150,000 per hour and suspension of profiles. The restrictions continued in the following years.

In 2023, Moraes ordered the removal of ads and content from companies contrary to the Fake News PL and forced Telegram to delete a message sent to its users about the project. For critics, these decisions demonstrate a pattern of intervention in legislative issues and freedom of expression.

Relationship between powers in check

For now, publicly, the PL summit rejects the idea of an agreement and maintains the intention to at least promote the impeachment of Alexandre de Moraes. The legend, who should elect the largest bench of the House, assesses that it has the strength to pressure the Senate to rule the request. The impasse puts institutional stability at risk.

Experts heard by the portal warn that the rapprochement between STF and Congress can be healthy if guided by mutual respect. However, when court decisions are read as a bargaining chip, the credibility of the Court is compromised. The source did not detail the terms of the talks between ministers and parliamentarians.

The succession in the Senate will be the first concrete test of this new dynamic. If Rogerio Marinho wins, the pressure on the STF tends to increase. If a candidate aligned with the government is elected, the court can gain momentum to maintain its current performance. The outcome will set the tone of the relationship between the Powers over the next two years.

What to expect from the coming months

By February, the STF should judge sensitive cases that can further inflame the moods. The agenda includes actions on the legality of monocratic decisions and the scope of the Court’s police power. Bolshevik parliamentarians promise to obstruct voting if there is no retreat on issues such as social media regulation.

For the ordinary citizen, the politicization of the STF means legal insecurity and risk of case-by-case decisions. When the highest court of the country acts under political influence, the predictability necessary for investments and guarantee of rights is lost. The Boca no Trombone portal will continue to monitor the developments and will bring new information as it becomes available.

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