Post by xyz3000 on Feb 12, 2024 1:23:05 GMT -5
Who should choose the ministers of the Federal Supreme Court, the highest court of justice in the country? One thing is certain: it is unfeasible to make such a careful and technical choice for the votes of 120 million Brazilian voters. At the other extreme, the system that has been used for more than a century is questioned. In it, the privilege of choosing belongs to a single voter — the President of the Republic, who can choose any citizen, as long as he complies with the constitutional requirements: he is between 35 and 65 years old, has notable legal knowledge and has an unblemished reputation. It is up to the Senate to approve the choice of president. A Constitutional Amendment Proposal by Senator Jefferson Peres, which intends to change this provision, has reignited the discussion around the topic.
The first question is to define whether Brazil's supreme court must be formed by choice of the Executive and Legislative branches, leaving out the Judiciary. Jefferson Peres , author of PEC 68/05, who is on the CCJ — Senate Constitution and Justice Committee, believes not. “It is not democratic for the choice of who will occupy a seat in the highest body of the Judiciary to be made by just one person: the president”, he argues. He Estonia Email List claims that the hearing in the Senate is just bureaucratic: no one is refused. “The Saturday is an illusion. Whoever chooses is the president and that’s it,” says the senator, one of the practitioners of illusionism. This refusal is rare, but it has happened. Alexandre de Moraes , advisor to the National Council of Justice, says that, throughout the history of Brazil, four nominated by the president for the position of minister of the Supreme Court were rejected.
All the rejections occurred during the government of Marshal Floriano Peixoto and, according to Moraes, the abuse of the marshal's appointments was evident: one of the nominees was a doctor and the other three were generals. If the Senate abdicated its right to participate in choosing ministers, this is a decision that only senators can explain. Therefore, Jefferson Peres proposes a radical change. According to his idea, the Executive and Legislative branches should be left out of the choice. When a vacancy opens up in the STF, the Brazilian Bar Association, the Public Ministry and the bodies representing the judiciary would draw up a six-fold list (each entity would nominate two candidates). From this list, the Supreme Court ministers would choose a name to fill the vacancy. The President of the Republic would only nominate the chosen one.
The first question is to define whether Brazil's supreme court must be formed by choice of the Executive and Legislative branches, leaving out the Judiciary. Jefferson Peres , author of PEC 68/05, who is on the CCJ — Senate Constitution and Justice Committee, believes not. “It is not democratic for the choice of who will occupy a seat in the highest body of the Judiciary to be made by just one person: the president”, he argues. He Estonia Email List claims that the hearing in the Senate is just bureaucratic: no one is refused. “The Saturday is an illusion. Whoever chooses is the president and that’s it,” says the senator, one of the practitioners of illusionism. This refusal is rare, but it has happened. Alexandre de Moraes , advisor to the National Council of Justice, says that, throughout the history of Brazil, four nominated by the president for the position of minister of the Supreme Court were rejected.
All the rejections occurred during the government of Marshal Floriano Peixoto and, according to Moraes, the abuse of the marshal's appointments was evident: one of the nominees was a doctor and the other three were generals. If the Senate abdicated its right to participate in choosing ministers, this is a decision that only senators can explain. Therefore, Jefferson Peres proposes a radical change. According to his idea, the Executive and Legislative branches should be left out of the choice. When a vacancy opens up in the STF, the Brazilian Bar Association, the Public Ministry and the bodies representing the judiciary would draw up a six-fold list (each entity would nominate two candidates). From this list, the Supreme Court ministers would choose a name to fill the vacancy. The President of the Republic would only nominate the chosen one.