Temporary framework, police operations and health pass: the trials of the Supreme Court in 2022

Judging by the relevance of the issues that will go to the Plenary Chamber of the Brazilian Supreme Federal Court (STF) in the first half of 2022, the Court will reaffirm its political role in the 2022 election year. This is the opinion of the specialists of the Judiciary power interviewed by Brasil de Fato.
The Supreme Court remains in recess until the end of January. Starting in February, however, it must deal with controversial issues, such as the so-called Time frame of indigenous lands, police operations in the favelas, the analysis of the political crime known as “rachadinha”, the health pass, among others.

Click here to download the agenda of the Federal Supreme Court for the first semester of 2022 (in Portuguese).

To analyze each of these issues, the STF will once again have a full Plenary Chamber after the inauguration of Minister André Mendonça, former Attorney General of the Union and former Minister of Justice of President Jair Bolsonaro, whose appointment was approved by the Senate in last december.
The role of the new minister will be one of the points of tension for the STF in 2022. He will be the rapporteur for sensitive issues for Bolsonaro, such as the process of blocking profiles that support the president on social networks.

The “terribly evangelical” minister will also command actions that demand from the federal government a plan to prevent and combat fires in the Pantanal and the Amazon. There is great expectation to know what line Mendonça will take in the cases involving his former boss.

One of the first cases Mendonça will have to speak about is the trial on the lethality of police operations in Rio de Janeiro. The Full Chamber was examining this action in December, but the ruling was interrupted.
Minister Edson Fachin voted in favor of reducing the lethality of police operations in the communities of Rio de Janeiro, especially after the police incursion into the Jacarezinho favela in May of last year, which left 28 dead.

On June 23, the STF will re-analyze the Temporary Framework for indigenous lands. For the moment, the Plenary Chamber was in a tie and Minister Alexandre de Moraes requested a hearing for September. Until the process was interrupted, the rapporteur, Minister Edson Fachin, had voted against the Temporary Framework and Minister Nunes Marques, in favor.

The thesis of the Temporary Framework establishes that the indigenous populations can only claim the lands they occupied on the date of promulgation of the Federal Constitution, on October 5, 1988. The process puts in direct opposition the “ruralists” (who defend the interests agribusiness) and indigenous and environmental movements.

On February 9, the requirement for a health pass – in addition to a diagnostic test for COVID-19 – for travelers arriving in Brazil will be re-examined. The trial was stopped after the score showed 8 votes to 0 in favor of the requirement. At that time, Minister Nunes Marques requested a view of the files.

Experts raise concerns

Lawyer Tânia Maria Saraiva de Oliveira, a member of the executive coordination of the Brazilian Association of Jurists for Democracy (ABJD), stated that the entity is concerned about the sentences that remained undefined in 2021.

“The year 2022 will also be a year of great expectations in some issues that have been pending since 2021, such as the suspension of weapons decrees, which facilitate possession and carrying by the Bolsonaro government,” he said.

“We hope that the Federal Supreme Court will keep the execution of the decrees suspended, which was already done in part by order of Minister Rosa Weber and Minister Edson Fachin,” Oliveira said.

The member of the ABJD also points out that the possibility of re-debating the legality of detention after a conviction in the second instance is a factor of concern: “We hope that this is an issue that will not return to the agenda, because it is an issue that has been overcome” .

Lawyer João Jaques Pederneira, a specialist in human rights, told Brasil de Fato that the STF’s agenda for the first half of 2022 again puts the Court in evidence. According to him, the Bolsonaro government is pushing the STF to this position.

“Every day, the Executive shows a more intense capacity to elevate the Supreme Court to a prominent place. Disastrous measures, such as the boycott of the health pass, force the ministers to react,” he explained.

“From the perspective of social movements, there are pending issues related to the rights of transsexuals and transvestites and labor issues, such as the issue of mass layoffs and the requirement of vaccination for employees,” Perderneira said.

Elections are a factor to attend to

The holding of the presidential elections in October is also a focus of attention, according to specialists. Tânia Maria de Oliveira points out that certain issues must be processed in the Superior Electoral Court (TSE), but that they are the competence and responsibility of the STF.

“On the follow-up of the issue of fake news, it is very important that the Federal Supreme Court take a firm position, as it has done, to a certain extent, to stop the spread of fake news,” he explained.

“The ABJD hopes that the Judiciary, especially the Federal Supreme Court, will take a very firm stance in 2022. It is a year that will require a very firm position from all those who defend the Federal Constitution and democracy,” he concluded. .

Learn about some of the STF trials in 2022

Time frame: The trial of the Temporary Framework for the demarcation of indigenous lands, which ended in a tie, is resumed.
ADPF of the Favelas: the action requires that the police justify the “exception” to carry out a police operation in a community.

health pass: covid-19 vaccine passport requirement for travelers from abroad who disembark in Brazil.

Mass layoffs: the action discusses the dismissal of more than 4 thousand employees of the Embraer company in 2009.

Employee vaccination: This is the consideration of Minister Barroso’s decision to revoke extracts from the ordinance of the Ministry of Labor and Social Security that prevented companies from forcing their employees to be immunized against COVID-19.

“Crack”: classification of an alleged crime that occurred in the office of federal deputy Silas Câmara (Republican Party).

Offensive content on the internet: about the duty of the company that hosts websites on the internet to inspect the content published by users and remove it when it is considered offensive.

primary health: The Workers’ Party questions acts of the Ministry of Health on primary care for transsexuals and transvestites.

Edition: Vivian Virissimo


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