Minister Nunes Marques, of the Federal Supreme Court, discussed, during a session of the STF this Thursday (7), with Minister Cármen Lúcia, rapporteur of an action that questions a decree of the Jair Bolsonaro government that reduced the participation of civil society in the country. deliberative council of the National Environment Fund.
Nominated by Bolsonaro to the STF, Nunes Marques was the only one, so far, to vote against the action, claiming that there would be a risk of creating a precedent in the sense of removing the power of the President of the Republic to change the composition of bodies of this type. .
The argument given by Nunes Marques led the rapporteur to speak out and rule out this possibility.
“To state that this would be a precedent in the sense that the President of the Republic would be prevented from changing any change, especially to increase democracy, because tomorrow he can change, that does not exist in my vote. And as far as I could understand from the other three votes already cast, I was never taken care of,” said the minister.
“These situations are dangerous, because when you expose this, you expose those who have voted so far as if we had spoken some barbarity. And it would be. If I were to say that the President of the Republic who has the infralegal regulatory competence cannot exercise it, because then he cannot change in the sense of modifying, altering or improving one or another form of popular participation, it would really be in absolute contradiction with the Constitution. That’s not what I said,” he added.
The altercation then continued. Nunes Marques countered the minister and said he felt “very happy” that his vote “served to bring the rapporteur’s clarifying pronouncements”, which was interrupted by Cármen Lúcia.
“No, I’ve said that before,” he said. “That had already been affirmed and reaffirmed.”
The trial of the action was suspended this Thursday (7) and will be on the agenda of the 20th.
Next week, the STF has no scheduled sessions because of Holy Week, which precedes the Easter holiday.
On the 20th, when the process will be included on the agenda, the Supreme will judge, before, the criminal action against federal deputy Daniel Silveira (PTB-RJ), accused of attacking STF ministers through videos on social networks.
How the ministers voted
So far, Nunes Marques was the only minister to disagree and vote against the action, presented by Rede Sustentabilidade.
Ministers Ricardo Lewandowski and Alexandre de Moraes accompanied the rapporteur and voted in favor of the action and in the sense of including two other decrees in the judgment: one that, in practice, removed the governors of states in the Legal Amazon from the National Council of the Legal Amazon, and another that extinguished the Organizing Committee of the Amazon Fund. The rapporteur also took a stand for the unconstitutionality of these two decrees.
Minister André Mendonça accompanied the rapporteur in the sense of being in favor of the action presented by the Network, but he was against the addition of the other two decrees in the judgment (that is, in practice, he was against the declaration of unconstitutionality of the decree that removed the governors from the National Council for the Legal Amazon and what extinguished the Organizing Committee of the Amazon Fund).
Source: CNN Brasil
