Recent STJ and STF’s decisions

André Singer sees a certain balance in the decisions of the STJ and the STF regarding the restriction of special jurisdiction and the end of coercive conduct.

The decision of the STJ (Superior Court of Justice) to restrict the special jurisdiction of governors is one of the topics of the weekly column by political scientist André Singer, who sees consistency in relation to the pronouncement of the STF (Supreme Court) on the same issue. The focus here is on the protection of the position and not the individual, “so crimes related to the position still have privileged jurisdiction, in such a way that the exercise of the function is protected.” However, common crimes that have nothing to do with the position do not justify protection through the figure of privileged jurisdiction.

The STF, in turn, confirmed the unconstitutionality of the so-called coercive conduct. For Singer, “the two combined decisions, that is, on the one hand, the unconstitutionality of coercive conduct, but on the other, also the restriction of jurisdiction, could indicate towards a certain balance, in the sense that, on the one hand, measures are needed to restrict impunity, that allow effective combating of corruption […], however, on the other hand, it is necessary that this combat is not done based on excesses that put fundamental guarantees at risk, which are under the protection of the Rule of Law.”

Finally, the columnist also comments on the STF’s decision to release the Federal and Civil Police to negotiate plea agreements that, in this way, do not require authorization from the Public Prosecutor’s Office.

Source: Rádio USP