Highlights

Justice Alexandre de Moraes removes validity of rules on prior authorization to judge governor

Tuesday, May 16, 2017

Justice Alexandre de Moraes of the Brazilian Federal Supreme Court (STF) pronounced decision  in three actions that questioned the need for authorization from the state Legislative Power to prosecute the governor. The decisions based in the Direct Unconstitutionality Actions (ADIs) 218, 4799 and 4806, were filed , respectively, against the provisions of the state constitutions of Paraíba, Rio Grande do Norte and Sergipe.

The Justice decided to carry out the requests and decided for the  unconstitutionality of the rules questioned, based on the understanding adopted by the STF in judgments delivered down earlier this month when actions were filed against Minas Gerais, Piauí, Acre and Mato Grosso.

At the conclusion of the trials, a thesis was established by the Plenary explaining that it is prohibited for the federal units to establish norms that condition the prosecution of the governor. The Plenary also set the possibility for justices to deliberate monocratically on other similar cases under way.

Vote

Justice Alexandre de Moraes divulged the entirety of his vote in the Direct Action of Unconstitutionality (ADI) 5540, in which the STF defined its current position on the theme.

Read more: Ministro afasta validade de normas sobre autorização prévia para julgar governador