Caroline de Toni and the New Agenda of the CCJ: A Milestone in the Relationship between Powers

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Restricting Monocratic Decisions: A Step for the Collective

Amsterdam, 27th of August, 2024 – The Proposed Amendment to the Constitution (PEC) 08/2021, which limits the monocratic decisions of the ministers of the Supreme Federal Court (STF), is one of the pillars of the new agenda of the Constitution and Justice Commission (CCJ). The president of the CCJ, Caroline de Toni, believes that this measure will promote greater collegiality in judicial decisions, ensuring that issues of great importance are decided by the full plenary of the STF¹.

Congress with More Voice: PEC 28/2024

Another significant proposal is PEC 28/2024, which allows Congress to suspend STF decisions. This measure aims to balance the power between the Legislative and Judicial branches, offering Congress the possibility of reviewing decisions that may be seen as excessive or outside the constitutional scope². Caroline de Toni points out that this proposal is a response to society’s demands for a more balanced and transparent system.

New Definitions of Crimes of Responsibility

In addition to the PECs, the agenda includes two bills that broaden the definition of crimes of responsibility for STF ministers. Bill 4.754/2016 and Bill 658/2022 aim to curb the usurpation of legislative and executive powers, as well as prohibiting the political and ideological positions of ministers³. These measures are seen as essential to guarantee the impartiality and integrity of the judiciary.

A Call for Harmony between the Powers

Caroline de Toni emphasizes that the proposals are not a retaliation against the STF, but rather an effort to reduce the natural tensions between the branches of government and improve legislation. “We are open to listening to all members of each branch,” she said, emphasizing the importance of dialogue and cooperation for strengthening democratic institutions⁴.

Conclusion: A New Chapter in Brazilian Democracy

The proposals tabled by Caroline de Toni in the CCJ represent a milestone in the relationship between the branches of government in Brazil. By seeking a greater balance and promoting collegiality in judicial decisions, these measures have the potential to strengthen democracy and ensure that the competencies of each power are clearer and more respected. The CCJ president’s initiative is a significant step towards a more harmonious and just future for all Brazilians.

¹: Poder360
²: CNN Brasil
³: O Globo
⁴: Valor Econômico