Back in January, the outcome of the "Mensalão" Scandal called attention of the media, specially The Economist with a great article titled Brazil's zombie polititcans: Unstoppable?.
"In total, a third of Brazil’s lawmakers have either been convicted or are being investigated for crimes ranging from vote-buying to theft to slave-holding."The article mentions cases where politicians like José Genoino, Francisco Tenório, Renan Calheiros, and others, even though found guilty of bribery and some under investigation of murder, replaced other congressmen who stepepd down to become mayors. In the case of Mr. Calheiros, he became the President of Senate, on February 1st. Some of these politicians were found guilty after judged by STF (Superior Tribunal Federal - Supreme Court).
Now today, April 24th of 2013, José Genoino who is, ironically, a member of CCJ (Comissão de Constituição e Justiça - Judiciary and Constitution Committee), has approved a constitution ammendment that intends to submit to Congress court decisions declaring laws unconstitutional. Also it will increase the minimum votes of judges in decisions, from 6 to 9, lowering of course, the power of supreme court.
Basically, deputies and senators who will decide, ultimately, whether or not it is worth what they themselves approved. In such cases, judges are themselves - at the expense of individual rights and guarantees of citizens, whose guarantee is Justice.
The amendment proposes more atrocities, including:
- Go up to four-fifths quorum for the Supreme declare a law unconstitutional.
- Prohibits ministers Supreme grant injunctions in an injunction to suspend - until the final judgment by the Court - the effectiveness of constitutional amendments.
- Determines the binding precedents of jurisprudence (edited by STF mechanism that must be followed by all instances of the judiciary on the basis of decisions adopted by repeatedly cutting - mechanism to expedite justice)) will also be submitted to the scrutiny of Congress before enter into force.