Post by account_disabled on Mar 10, 2024 4:17:31 GMT -5
On November th of this year, the Plenary of the Federal Supreme Court judged the injunction of ADI -MC/DF, just a few days before the ten-year anniversary of the filing of said action, a decision also applicable to ADI -MC/DF , partially suspending article of the ADCT, immediately removing the effectiveness of the expression “the court orders pending on the date of promulgation of this amendment” (EC /).
On December , the STF website made available the full [] of the tie-breaking vote delivered by the excellent rapporteur minister Celso de Mello, in which the Court reaffirmed its position with regard to respect for the immutable clauses, notably in relation to the perfect legal act, acquired rights and res judicata, in addition to the principles of separation of powers and legal certainty.
It was a reaffirmation by Praeto Excelso of his role as guardian of Austria Phone Numbers List the constitutional guarantees of the Brazilian Democratic State of Law. This decision begins to resolve the issue that is perhaps one of the biggest legal discussions today, which is the default on court orders, as it involves amounts in excess of R$ billion, owed by municipalities, states and the Union.
Before the decision was made available, a large part of the specialized press reported that article of the ADCT had been revoked by the STF, without, however, waiting for its exact terms, considering that, in practice, the decision expanded the scope of the provisions contained in the aforementioned article of the temporary body of the Federal Constitution.
From the analysis of the tie-breaking vote, it is observed that the only unconstitutionality raised by the Federal Supreme Court concerns the installment payment of court orders pending settlement on the date of promulgation of EC /, with the eminent rapporteur considering the following.
On December , the STF website made available the full [] of the tie-breaking vote delivered by the excellent rapporteur minister Celso de Mello, in which the Court reaffirmed its position with regard to respect for the immutable clauses, notably in relation to the perfect legal act, acquired rights and res judicata, in addition to the principles of separation of powers and legal certainty.
It was a reaffirmation by Praeto Excelso of his role as guardian of Austria Phone Numbers List the constitutional guarantees of the Brazilian Democratic State of Law. This decision begins to resolve the issue that is perhaps one of the biggest legal discussions today, which is the default on court orders, as it involves amounts in excess of R$ billion, owed by municipalities, states and the Union.
Before the decision was made available, a large part of the specialized press reported that article of the ADCT had been revoked by the STF, without, however, waiting for its exact terms, considering that, in practice, the decision expanded the scope of the provisions contained in the aforementioned article of the temporary body of the Federal Constitution.
From the analysis of the tie-breaking vote, it is observed that the only unconstitutionality raised by the Federal Supreme Court concerns the installment payment of court orders pending settlement on the date of promulgation of EC /, with the eminent rapporteur considering the following.