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Justice denies deputy request to suspend the Constitution, Justice and Citizenship Commission of the Chamber of Deputies' deliberation on Social Security reform

Justice Gilmar Mendes, of the  Brazilian Federal Supreme Court (STF), denied injunction in the Writ of Mandamus 36423, in which federal deputy Aliel Machado (PSB-PR) questions the act of the president of the Constitution, Justice and Citizenship Commission of the Chamber of Deputies (CCJC)  regarding the process of Proposal for Constitutional Amendment 6/2019 (PEC of Social Security) and voting by CCJ. For the Justice, there was no violation of the legislative process established in the Federal Constitution.

In the Writ of Mandamus, the deputy points out that the reform proposal causes structural change in Social Security and entails a transition cost that was not informed by the government. According to him, it is necessary that the project presents the financial impact of the modification of the Social Security system under penalty of affront to the due legislative process.


According to Justice Gilmar Mendes, it was not proven in the court records how the alteration of the regime would imply the creation or alteration of expenses, so the act of assessment of the Pension Plans PEC by the CCJ did not represent, in a preliminary analysis of the case, a flagrant violation of the legislative process.

The Justice also stressed that the assessment of the proposal by the committee does not prevent any subsequent annulment, on the grounds of violation of due legislative process. "On the other hand, it seems to me that the premature deferment of the measure could constitute an undue interference by the Judiciary in the Legislative Branch, a detrimental hypothesis to the separation of powers," concluded the rapporteur, while rejecting the request for injunction.

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