New forms of public debate in the Federal Supreme Court
The most recent initiative of the brazilian Federal Supreme Court in the creation of new spaces of public debates has to do with the procedure of edition, revision or cancellation of the compulsory enunciated of the Supreme Court.
As it is known, the procedure of creation, change or cancellation of these compulsory enunciated is not an exclusivity to the legitimated to propose the Direct Action of Unconstitutionality, as it can even suggest a fast reading of § 2º of the Art. 103-A of the Constitution of the Republic.
The Law nº 11.417, of 2006 authorizeed a Judge of the Court to admit, for unappealable decision, the manifestation of third in the debate about compulsory enunciated. This possibility is open to civil society organizations and the Court opted to make it possible by what we could call e-jus. After the edition of the Resolution nº 388, in December 2008, for the plenary assembly of the Court, the proposals of edition, revision or cancellation of compulsory enunciated of the Court follow an electronic form and the corresponding information are available to the interested parties in the site: stf.jus.br > link jurisprudence > link proposal of compulsory enunciated).
The Supreme Court decided that the intervention of third must widely be divulged by electronic mídia and from this last friday (6.3.2009), entities of the organized civil society can participate of the edition of compulsory enunciated sending manifestations, as memorial or other documents that can contribute with the agreement of the ministers on the substances in analysis.
The Supreme Court opened a period of 5 days, after the first 20 days necessaries to keep in touch with the proposals. Thus, from 27 to 31 March, the civil society can evaluate the content, the relevancy and the opportunity of the 13 proposals sub judice at the Supreme Court.
The Proclamations recently published for the Federal Supreme Court have similar content to the following one: In this Court there is a process files of legal documents of the Proposal of compulsory enunciated nº 2, where is proponent the National Confederation of Financial System - CONSIF, that it aims at to the edition of compulsory enunciated with the following suggestion of text: “Is unconstitutional the law or any normative act edited by a state, district or municipal power that makes use on insurances, matter privatively affects to legislative authority of the Union, in the terms of art. 22, VII, of the Federal Constitution”.
As the Resolution nº 388-STF, published in December,10 2008, in the Daily of Electronic Justice, and in the terms of § 2º of the article 3º of the Law nº 11.417/2006, the interested parties knows that, if want, they may express their proposals in the stated period of 5 (five) days after the stated period of 20 (twenty) days above fixed, that starts to flow from the publication of this proclamation in the Daily one of Electronic Justice.
The Law nº 11.417, of 2006 authorizeed a Judge of the Court to admit, for unappealable decision, the manifestation of third in the debate about compulsory enunciated. This possibility is open to civil society organizations and the Court opted to make it possible by what we could call e-jus. After the edition of the Resolution nº 388, in December 2008, for the plenary assembly of the Court, the proposals of edition, revision or cancellation of compulsory enunciated of the Court follow an electronic form and the corresponding information are available to the interested parties in the site: stf.jus.br > link jurisprudence > link proposal of compulsory enunciated).
The Supreme Court decided that the intervention of third must widely be divulged by electronic mídia and from this last friday (6.3.2009), entities of the organized civil society can participate of the edition of compulsory enunciated sending manifestations, as memorial or other documents that can contribute with the agreement of the ministers on the substances in analysis.
The Supreme Court opened a period of 5 days, after the first 20 days necessaries to keep in touch with the proposals. Thus, from 27 to 31 March, the civil society can evaluate the content, the relevancy and the opportunity of the 13 proposals sub judice at the Supreme Court.
The Proclamations recently published for the Federal Supreme Court have similar content to the following one: In this Court there is a process files of legal documents of the Proposal of compulsory enunciated nº 2, where is proponent the National Confederation of Financial System - CONSIF, that it aims at to the edition of compulsory enunciated with the following suggestion of text: “Is unconstitutional the law or any normative act edited by a state, district or municipal power that makes use on insurances, matter privatively affects to legislative authority of the Union, in the terms of art. 22, VII, of the Federal Constitution”.
As the Resolution nº 388-STF, published in December,10 2008, in the Daily of Electronic Justice, and in the terms of § 2º of the article 3º of the Law nº 11.417/2006, the interested parties knows that, if want, they may express their proposals in the stated period of 5 (five) days after the stated period of 20 (twenty) days above fixed, that starts to flow from the publication of this proclamation in the Daily one of Electronic Justice.
Comentários