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The Brazilian Federal Supreme Court's plenary sessions resulted in the trial of more than 1.600 cases in the first semester

Between February 1st and July 1st of the current year, the Plenary of the Brazilian Federal Supreme Court (STF) held 63 sessions, of which 40 were presential, 21 were virtual and two were solemn - the first for the opening of the Judicial Year and the second, held in April , for the delivery of a manifesto signed by 160 civil society entities in support of the Supreme Court and repudiation of attacks on the Court and its Justices. The trial sessions resulted in 1.615 lawsuits judged, both by the presential and by the virtual Plenary. Of this total, judgments of great relevance and social, political and economic impact were concluded. In an activities balance presented to journalists on Monday (1st), the Chief Justice of the STF, Justice Dias Toffoli, considered the results of the work "highly productive and profitable" and highlighted the relevance of the themes for the country.

Check below the summary of the topics of greatest impact judged by the Plenary in this first semester, as stressed in the report:

Homophobia and Transphobia - On June 13th, the STF's Plenary decided to frame acts of homophobia and transphobia as crimes of racism in recognizing that the omission of the National Congress to incriminate acts that violate the fundamental rights of members of the LGBT community. The decision was taken in the trial of the Direct Action of Unconstitutionality by Default (ADO) 26 and the Mandatory Injunction (MI) 4733, reported respectively by Justices Celso de Mello and Edson Fachin. According to the majority of the Plenary, acts of homophobia and transphobia should be typified in the Racism Law (Law 7,716 / 1989) until the Federal Legislative issues a specific law on the subject.

Law of pregnant women - On May 29th, the STF's Plenary, by a majority vote, accepted the Direct Action of Unconstitutionality (ADI) 5938 to declare unconstitutional excerpts of the Consolidation of Labor Laws (CLT), inserted by the Labor Reform (Law 13467/2017), which allowed the possibility of pregnant and breastfeeding workers to perform unhealthy activities in some cases. For the majority, the expression "when submitting a health certificate issued by a woman's doctor", contained in clauses II and III of article 394-A of the CLT, confronts constitutional protection of maternity and children. The lawsuit was filed in the Supreme Court by the National Confederation of Metalworkers. The efficacy of the provisions in the law was suspended due to an injunction passed by the rapporteur, Justice Alexandre de Moraes.

Medicines - The Plenary decided that the State can not be required to provide experimental or unregistered medicine at the National Health Surveillance Agency (Anvisa), barring in exceptional cases. The decision was taken on May 22, by majority vote, in the trial of the Extraordinary Appeal (RE) 657718, with a general acknowledged repercussion, from a report by the Justice Marco Aurélio.

Health care - Also on May 22, the STF reiterated its jurisprudence in the sense that the federated entities have joint and several responsibility in the supply of medicines and health treatments. The Justices analyzed the motions for clarification filed by the Union against the decision of the Virtual Plenary in Extraordinary Appeal (RE) 855178. Thus, the entities of the Federation, alone or jointly, have a solidary obligation to carry out the right to health in favor of the needy.

Christmas pardon - By 7 votes to 4, the STF's Plenary recognized the constitutionality of the Christmas pardon decree of 2017, signed by the then President of the Republic Michel Temer, and the right of the head of the Federal Executive Branch, within the legal hypotheses, to edit decree granting the benefit. The decision was taken on May 9th, in the merits trial of the Direct Action of Unconstitutionality (ADI) 5874, in which the Attorney General of the Republic, Raquel Dodge, questioned the Presidential Decree 9246/2017.

Transportation by applications - At a session held on May 8th, the Plenary considered unconstitutional municipal laws restricting or prohibiting individual passenger transportation for applications, for violation of the constitutional principles of free initiative and competition. In a unanimous decision, the Plenary accepted the Action Against the Violation of a Constitutional Fundamental Right (ADPF) 449 against Law 10.553 / 2016, of Fortaleza (CE). Also in unanimous voting, the court denied the Extraordinary Appeal (RE) 1054110, with general repercussion recognized, in which the City Hall of São Paulo (SP) questioned a ruling of the State Court of Justice (TJ-SP) that declared unconstitutional the Municipal Law 16.279 / 2015, which prohibited this mode of transportation in the city of São Paulo. The thesis established in the extraordinary appeal with general repercussion was as follows: "1 - The prohibition or restriction of the activity of individual private transportation by driver registered in an application is unconstitutional, for violation of the principles of free initiative and free competition. 2 - In exercising their competence to regulate and supervise individual private passenger transportation, municipalities and the Federal District can not contradict the parameters established by the federal legislature (Federal Constitution, Article 22, subsection XI).

Manaus Free Trade Zone - By majority vote, the Plenary decided that the use of Industrialized Products Tax (IPI) credits on the entry of raw materials and exempt inputs from the Manaus Free Trade Zone is constitutional. The decision was taken on April 25th in the trial of the Extraordinary Appeal (RE) 592891, with general repercussion, and of the RE 596614. For the purposes of general repercussion, the following thesis was established: "There is the right to credit IPI in the entry of inputs, raw materials and packaging material purchased from the Manaus Free Zone under the exemption regime, considering the provision of regional incentives in article 43, paragraph 2, item III, of the Federal Constitution, combined with the command of article 40 of the Transitory Constitutional Provisions Act (ADCT). "

Sacrifice of animals - By unanimous vote, the STF understood that the law of Rio Grande do Sul that allows the sacrifice of animals in religious rites is constitutional. The decision was taken on March 28th in the trial of the Extraordinary Appeal (RE) 494601, in which the validity of State Law 12.131 / 2004 was discussed. The Plenary set forth the following thesis for purposes of general repercussion: "It is constitutional the law of animal protection that, in order to safeguard religious freedom, allows the ritual sacrifice of animals in rites of African religions."

AR / VP, AD - AV/FB/GL

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