The ministers of the Federal Supreme Court are participating in the opening of the judicial year this Thursday (1st) and already have on the February agenda the “lifelong review” of the INSS and the judgment on topics such as deforestation in the Amazon, the intimate magazine for visitors in national prisons and the employment relationship of workers with delivery platforms.
The opening of the judicial year has confirmed the presence of President Luiz Inácio Lula da Silva, the President of the Chamber, Arthur Lira, and authorities. The Court may resume analyzing the constitutionality of the regime of mandatory separation of assets in the marriage or stable union of people aged 70 or over. This is an appeal against the decision of the TJ-SP (Court of Justice of the state of São Paulo), which disregarded the widow’s rights to inheritance, based on the Civil Code.
The Court scheduled for February the trial of motions for clarification (a type of appeal) presented by former President of the Republic Fernando Collor de Mello regarding the decision that sentenced him to eight years and ten months in prison in a closed regime for the crimes of money laundering. money and passive corruption.
There will also be a trial of the seven members of the leadership of the Military Police of the Federal District (PMDF) accused of omission on January 8, 2023. Among them are the former general commanders of the corporation, Colonel Klepter Rosa Gonçalves and Colonel Fábio Augusto Vieira.
Five other officers will also be tried. All those involved were arrested in August last year and even requested their release, but the request was denied in a decision by Minister Alexandre de Moraes.
The sessions will be virtual, so there will be no discussion, but only recording of the ministers’ votes through the STF system. In the case of a review request, when the magistrate requests more time for evaluation, the process is suspended. If there is a prominent request, the analysis is taken to the physical plenary of the Court. According to the STF, the two trials should take place between February 9th and 20th.
See below the topics that the Court will consider in February.
Another judgment is an appeal by the National Social Security Institute (INSS) on the so-called “lifelong review” of Social Security contributions. The procedure allows policyholders to choose the most advantageous rule for calculating retirement. Previously, only contributions from July 1994, the beginning of the Real Plan, were considered, which disadvantaged beneficiaries who had higher salaries before this period.
The Supreme Court must decide whether the unjustified dismissal (without just cause) of an employee of a public company and mixed capital company admitted through a public examination is constitutional. Actions are also on the agenda that question the obligation for free inclusion of local programming channels by pay TV service providers.
Electoral surpluses came into the STF’s sights. The parties’ actions question the rule of the Superior Electoral Court that requires a party to reach at least 80% of the electoral quotient, with a candidate who has at least 20% of the nominal vote, to be entitled to participate in the distribution of the remaining seats allocated. to the position of federal deputy. If both requirements are not met cumulatively, the remaining seats will be distributed to the parties that present the highest averages, without any restrictions.
Another action in the STF questions the decision of the Labor Court that recognized the employment relationship of a motorbike freight driver with a delivery platform. To date, the issue of work for delivery or passenger transport applications, the so-called “uberization”, has only been addressed in monocratic decisions, according to the Supreme Court. In the Plenary, ministers will be able to establish a uniform understanding on the topic.
The Supreme Court is once again analyzing actions that question the environmental policy adopted during the government of former president Jair Bolsonaro (PL). In one of the processes, the request is for the execution of a plan to prevent and control deforestation in the Amazon. Another action seeks recognition of the previous government’s failure to combat environmental crimes.
The STF must also analyze the legality of strip searches in prisons. The case has general repercussions (what is decided will be used in other courts across the country). According to the Court, the ministers are analyzing an appeal presented by the Public Ministry of Rio Grande do Sul (MPRS) against the decision of the Court of Justice of RS that acquitted a woman who carried 96 grams of marijuana in her body for drug trafficking. hand over to his brother detained at the Central Prison of Porto Alegre.
According to the RS court, the evidence was produced illegally, as the visitor was subjected to a strip search procedure, considered vexatious, when she entered the prison to visit her imprisoned family member.
The STF will discuss whether access to cell phone data found at the crime scene violates telephone confidentiality. The appeal was presented to the Court by the Public Ministry of Rio de Janeiro (MPE-RJ) against the decision of the Court of Justice of RJ that acquitted a man convicted of robbery. While escaping, he dropped his cell phone, and the police found information and photos that helped in the investigation.