Post by account_disabled on Mar 11, 2024 4:49:00 GMT -5
After fifteen years of discussions, the much-debated “judicial reform” can finally begin. The new bet focuses on two mechanisms that the Federal Supreme Court, this week, combined into a single judgment. One of them is unprecedented: the principle of General Repercussion was applied , which is the basic requirement for an appeal to be considered by the STF. Matters that do not meet the requirement of social, economic, political or legal relevance will no longer be received by the House. The other tool is the binding effect . Where applicable, the decisions that the ministers consider appropriate must be obeyed, inflexibly, by all judges and by the direct and indirect public administration — whether federal, state or municipal.
The combined use of the two instruments, in the estimation of the president of the STF, minister Gilmar Mendes , will reduce the more than thousand appeals that the Court judges annually to around Phone Number List thousand cases. In other words, the STF assumes the vocation of judging principles and not causes. Instead of voting process by process, ministers will decide on issues that will guide the country's entire judicial system and the executive branch. “We will close the loopholes that allow the appeal as a postponement device”, says Gilmar Mendes. In the pilot case , an issue that involves public administration, the STF's decision must be reflected in similar cases, which are being processed in the Court itself, and in more than , cases that are in the Superior Labor Court.
An unknown multiple of this number will involve processes spread across the country. The STF's decision on Wednesday (/), dealt with the possibility of paying wages worth less than the minimum wage for those who perform mandatory military service and the legality of using the minimum wage as the basis for calculating the additional salary. unhealthiness. For the Plenary of the Supreme Court, the minimum wage cannot serve as a basis for calculating bonuses or additional payments. The question about linking hazard pay to the minimum wage reached the STF through an appeal by a group of military police officers from São Paulo. With the decision, the TJ of São Paulo will now be able to apply the STF's understanding in Extraordinary Appeals that deal with the same matter. According to judge Nelson Calandra , president of the São Paulo Association of Magistrates (Apamagis), thousands of actions will now have an outcome in the São Paulo TJ.
The combined use of the two instruments, in the estimation of the president of the STF, minister Gilmar Mendes , will reduce the more than thousand appeals that the Court judges annually to around Phone Number List thousand cases. In other words, the STF assumes the vocation of judging principles and not causes. Instead of voting process by process, ministers will decide on issues that will guide the country's entire judicial system and the executive branch. “We will close the loopholes that allow the appeal as a postponement device”, says Gilmar Mendes. In the pilot case , an issue that involves public administration, the STF's decision must be reflected in similar cases, which are being processed in the Court itself, and in more than , cases that are in the Superior Labor Court.
An unknown multiple of this number will involve processes spread across the country. The STF's decision on Wednesday (/), dealt with the possibility of paying wages worth less than the minimum wage for those who perform mandatory military service and the legality of using the minimum wage as the basis for calculating the additional salary. unhealthiness. For the Plenary of the Supreme Court, the minimum wage cannot serve as a basis for calculating bonuses or additional payments. The question about linking hazard pay to the minimum wage reached the STF through an appeal by a group of military police officers from São Paulo. With the decision, the TJ of São Paulo will now be able to apply the STF's understanding in Extraordinary Appeals that deal with the same matter. According to judge Nelson Calandra , president of the São Paulo Association of Magistrates (Apamagis), thousands of actions will now have an outcome in the São Paulo TJ.