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Hearings about "quilombolas" and anencephalic shall go on trial in the second semester

Friday, July 1st, 2011

Chief Justice of the STF closes the works of the first semester

The Chief Justice of the Brazilian Federal Supreme Court (STF), Cezar Peluso, thanked the efforts of other ministers of the Court, of the Attorney General of the Republic, Roberto Gurgel, and of the STF servers for the work done during the first half of 2011. The president wished a good rest to colleagues during the July recess, when the Court will function on duty.

As the oldest in Court in the absence of Dean, Celso de Mello, Minister Marco Aurelio acknowledged the good work developed in which he described as “fruitful coordination of the collegiate, seeking, above all, the rationalization of the activity performed and the delivery of the adjudication in a safe way and, as much as possible, to reconcile these two values – speed and content – in a tuned and reliable manner with the positive law”.

On behalf of the Federal Public Ministry, the Attorney General of the Republic, Roberto Gurgel, congratulated the court for the extremely productive semester, both in statistics and in relevance of the issues judged. “More and more this Supreme Court realizes magnificently the exponential role given by the Constitution, honoring the Republic and making creditor of the reverence of the Brazilian society”, he said. According to Gurgel, ministers are worthy of the rest in July so they are best placed to meet the challenges of the second half of the year.

Representing the Advocacy General of the Union (AGU), the Secretary-General of Litigation from the AGU, Grace Maria Fernandes Mendonça, also praised the work of the Court by the first half and wished the collegiate a good recess so they can “continue to fulfill the mission assigned them to settle, based on the Constitution, the most relevant issues to the Brazilian society”.


In the period from 2nd to 31st of July, during the judicial recess, the procedural deadlines are suspended in the Supreme Court and the Chief Justice will work on duty to decide on urgent cases.


The Plenary activities will resume the next August 1st (Monday) at 14 o’clock, time at which the Court meets in extraordinary session. In this same week, the first one of August, the ministers will also meet at the usual days: ordinarily on August 3rd (Wednesday) and, extraordinarily, on August 4th (Thursday), always at 14 o’clock.

The issues of great relevance to the society should be on the STF Plenary agenda in the second half of this year. Speaking to reporters at the end of the special meeting on Friday (1st), the Chief Justice Cezar Peluso announced some suits to be analyzed after the July recess.


The ministers will discuss the possibility of pregnancy termination for fetal anencephaly (no brain) in the trial of the claim of Breach of Fundamental Precept (ADPF 54), whose rapporteur is Minister Marco Aurélio.

Investigative powers of the Public Prosecution of the Union

It is planned, according to the president, the resumption of the discussion about the assignment of the Public Prosecution of the Union to conduct investigations. The question should be decided by the Court in the trial of Habeas Corpus (HC) 84548, filed by the defendants Sérgio Gomes da Silva, a man known as "Sombra", accused of ordering the assassination of former mayor of Santo André (SP) Celso Daniel. The trial will return to the agenda with the vote of Minister Cezar Peluso.


It should also be tried soon in the plenary Unconstitutionality Action (ADI) 3239, which deals with land occupation for nearly three thousand communities formed by the lasting “quilombola” people in Brazil. The rapporteur of the case is Minister Cezar Peluso.


Asked by journalists about the Criminal Action (AP 470) relative to “Mensalão”, the Chief Justice said that the case is Minister Joaquim Barbosa’s, and that the plenary should await the return of the rapporteur, who is on medical leave. Peluso said the trial "should last about 15 days", as there are dozens of defendants and the Internal Rules of Court provides, for each attorney, one hour of oral arguments. "It's a very complex suit”, added the minister.

Economic plans

According to the defendants, the claim of Breach of Fundamental Precept (ADPF 165) that discusses the controversy about the right to differences in the restatement savings accounts, due to the understated inflation resulting from economic plans Cruzado, Bresser, “Verão” and Collor I and II should also become part of the agenda of the Supreme Court. The rapporteur of the action is the minister Ricardo Lewandowski.


The discussion about the constitutionality of the reservation of vacancies in public universities, based on racial lines – the so-called quotas – according to the president, has no definition of the rapporteur yet, Minister Ricardo Lewandowski, "but he may bring his vote”, said minister Peluso. The theme was debated at a public hearing held in February 2010 with the participation of 38 experts from governmental and non-governmental organizations. There are two cases on the subject: the claim of Breach of Fundamental Precept (ADPF) 186 and Extraordinary Appeal (RE) 597285.

Binding precedent

Finally, Minister Peluso said that next semester he will set out a study of "non-binding precedents that due to current issues can become binding”. Peluso reported that he will submit to the Plenum the issue on the edition of new statements that, if approved, will reduce the number of cases that reach the Supreme Court.

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