Bulletin: Brazilian Federal Supreme Court

BRAZILIAN FEDERAL SUPREME COURT
STF
BULLETIN
2022 | EDITION 3 | JULY

BRAZILIAN FEDERAL SUPREME COURT
STF
BULLETIN
EDITION 3 - 2022 | JULY
The STF Bulletin provides cases in English chosen from the

InformativoSTF, the Court’s weekly digest, aiming at disclosing
them to the international community. Edition 3 offers
decisions from Informativo STF 1042 to 1058.
ADDITIONAL
INFORMATION
FEDERAL SUPREME COURT, 2022
JUSTICE
LUIZ FUX
Chief Justice
JUSTICE
ROSA MARIA PIRES WEBER
Deputy Chief Justice
JUSTICE
GILMAR FERREIRA MENDES
Senior Justice
JUSTICE
ENRIQUE RICARDO LEWANDOWSKI
JUSTICE
CÁRMEN LÚCIA ANTUNES ROCHA
JUSTICE
JOSÉ ANTONIO DIAS TOFFOLI
JUSTICE
LUÍS ROBERTO BARROSO
JUSTICE
LUIZ EDSON FACHIN
JUSTICE
ALEXANDRE DE MORAES
JUSTICE
KASSIO NUNES MARQUES
JUSTICE
ANDRÉ LUIZ DE ALMEIDA MENDONÇA
SECRETARY GENERAL OF THE PRESIDENCY INTERNATIONAL AFFAIRS OFFICE
Pedro Felipe de Oliveira Santos Ricardo Neiva Tavares
André Nogueira Rangel V. Wollman
CHIEF OF STAFF OF THE PRESIDENCY
Patrícia Andrade Neves Pertence SECRETARY OF COMMUNICATION
Mariana Araujo de Oliveira
GENERAL DIRECTOR Fábio José Caraciolo Teles
Edmundo Veras dos Santos Filho
TRANSLATION REVIEW
SECRETARY OF MAJOR STUDIES, RESEARCH, Juliana Rolim Nobre Maia
AND INFORMATION MANAGEMENT
Alexandre Reis Siqueira Freire COPYEDITING
Ana Valéria de Oliveira Teixeira
DIRECTOR OF INFORMATION DIFFUSION Flávia Trigueiro Mendes Patriota
Thiago Gontijo Vieira Fernando Carneiro Rosa Fortes
PRODUCT MANAGER EDITORIAL PRODUCTION
Fernando Carneiro Rosa Fortes David Duarte Amaral
EDITORIAL STAFF Jorge Luís Villar Peres
Alexandre Reis Siqueira Freire GRAFIC DESIGN AND DIAGRAMMING
Ana Valéria De Oliveira Teixeira Roberto Hara Watanabe
Fernando Carneiro Rosa Fortes Marcela Nunes
Flávia Trigueiro Mendes Patriota
Pedro Felipe de Oliveira Santos
Thiago Gontijo Vieira
SUPREME COURT BOOKSTORE

Supremo Tribunal Federal – Anexo 1 – Térreo
Praça dos Três Poderes – 70175-900
Brasília/Distrito Federal
livraria.codi@stf.jus.br
+55 (61) 3217.4493
CONTENT
FUNDAMENTAL RIGHTS
Plan to reduce police lethality and control of human rights violations

The state of Rio de Janeiro must prepare, within a maximum period of 90 days, a plan to reduce police
lethality and control human rights violations by the security forces. The plan must present objective
measures, specific timetables, and foresee the necessary resources for its implementation. [Page 8]
Covid-19: reallocation of resources linked to education for actions against the

new coronavirus pandemic
The use, even if on an exceptional basis, of resources linked to education for actions against the
pandemic of the new coronavirus is prohibited. [Page 9]
Covid-19: immunization of adolescents by states, municipalities, and

Federal District
The decision to promote immunization against Covid-19 in adolescents over 12 years old, observing
the relevant scientific evidence and strategic analyses, falls within the competence of the states, the
Federal District, and the municipalities. [Page 10]
Territorial protection in non-ratified indigenous lands

The Union and the National Indigenous Foundation must carry out and implement territorial pro-
tection activities on indigenous lands, regardless if their demarcations have been ratified. [Page 10]
Family asset: commercial rental and seizing

It is constitutional to seize a family asset belonging to a rental contract’s guarantor, whether the rental
is commercial or residential. [Page 11]
Telephone interception and successive warrants

A judge may extend the warrant for telephone interception successively, provided that, having verified
the legal requirements and demonstrating the need for the measure in the face of concrete elements
and the complexity of the investigation, the initial order and the extensions present a statement of
reasons, with a legitimate justification, even if succinct, to support the continuity of the investigations.
In this sense, standardized reasoning or copies of generic models unrelated to the specific case are
illegal. [Page 12]
CONTENT
“Maria da Penha” Law and removal of the aggressor by police chiefs and police
officers
In case of domestic violence, if an imminent risk to the woman’s life or integrity is present, chiefs of police
and police officers may remove the aggressor from the place of coexistence with the victim. [Page 13]
Automatic granting of environmental licenses for companies with medium risk

degree
It is unconstitutional to automatically grant an environmental license in the system responsible for the
integration and operation of companies that carry out medium-risk activities under the classification
established in a Government act. [Page 14]
Composition of environmental control bodies

Rules that, under the pretext of restructuring environmental bodies, keep civil society and governors
from participating in the development and formulation of public policies, as well as reduce, as a
consequence, the control and surveillance promoted by them, are unconstitutional. [Page 15]
Freedom of expression and parliamentary immunity
Freedom of expression does not reach the practice of malicious speech, insults, nor demeaning and
derogatory criticism. [Page 16]
Extension of maternity leave to a civil servant who is a single father

The civil servant who is a single father - of a family in which there is no maternal presence - is enti-
tled to maternity leave and maternity pay for a period of 180 days in the same way as guaranteed to
women by the current legislation. [Page 17]
Production of intelligence reports and relation to the public interest

The bodies of the Brazilian Intelligence System, while necessary for public security, national security
and guaranteeing the efficient fulfillment of the State’s duties, must operate with strict linkage to the
public interest, observance of democratic values and respect for fundamental rights and guarantees.
[Page 18]
Suppression of environmental regulatory frameworks and prohibition of envi-

ronmental setback
CONAMA Resolution 500/2020 is unconstitutional. [Page 19]
CONTENT
Legal restrictions on the consumption of alcoholic beverages and driving a
motor vehicle
Any level of alcohol content by motor vehicle drivers is inadmissible. [Page 20]
State soldiers on strike and amnesty for disciplinary infractions

A federal rule that grants amnesty to state military police and firefighters for disciplinary infrac-
tions, resulting from participation in claims for improvements in wages and working conditions, is
unconstitutional. [Page 21]
CNJ and transfer of confidentiality of tax and banking data
It is constitutional to request, without prior judicial authorization, banking and tax data considered
essential by the National Justice Internal Affairs Office to investigate an infraction of a specific sub-
ject, provided that it is in a regularly initiated process by a reasoned decision and based on concrete
evidence of the act’s practice. [Page 22]
Ultra-activity of normative clauses of collective agreements and conventions

The jurisprudential interpretation of the Labor Court that maintains the validity of rights estab-
lished in collective clauses, with a term that has already expired until a new agreement or collective
agreement is signed, is unconstitutional. [Page 23]
INSTITUTIONS
Prerrogative of the Courts to supervise investigations against authorities with

privileged jurisdiction
The norm from the body of internal rules of a Court of Justice that conditions the opening of an
investigation to the authorization of the judge-rapporteur, in the cases which the same Court exercises
original jurisdiction, is constitutional. [Page 24]
Extinction of disciplinary prison sentences of military police and firefighters

A federal law, of parliamentary initiative, which prohibits freedom depriving and restrictive measures
inflicted on police officers and military firefighters of states, territories and the Federal District, is
unconstitutional. [Page 25]
CONTENT
BRAZILIAN FEDERAL SUPREME COURT BULLETIN | EDITION 3/2022
FUNDAMENTAL RIGHTS
FUNDAMENTAL RIGHTS
Plan to reduce police lethality and control of human rights violations

HEADNOTES
The state of Rio de Janeiro must prepare, within a maximum period of 90 days, a plan to reduce
police lethality and control human rights violations by the security forces. The plan must present
objective measures, specific timetables, and foresee the necessary resources for its implementation.
AUDIO
UN | SUSTAINABLE DEVELOPMENT GOALS

3 Sustainable Development Goal
4 Quality Education
16 Peace, justice and strong institutions
In this sense, until a more comprehensive plan is formulated, the enforcement and oversight of the
legality of the use of force must be done in light of the “Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials”. Thus, it is up to the security forces to analyze, in the face
of concrete situations, the proportionality and exceptionality of the use of force. The principles
serve as guides for the examination of the justifications presented a fortiori.
Therefore, the use of lethal force by state agents is only justified when, except for the ineffectiveness
of the gradual increase in the level of force used to neutralize the situation of risk or violence, all
other means, including non-lethal weapons, have been exhausted, and the lethal force is deemed
necessary to protect life or prevent serious harm of an imminent threat.
Furthermore, it is imperative to give absolute priority to investigations involving children or ado-

lescents as victims.
In addition, in order to protect the right to life, there must be ambulances in previously planned
police operations in which there is the possibility of armed confrontations.
Likewise, in the case of house searches by the security forces of the State of Rio de Janeiro, the
following constitutional guidelines must be observed, under penalty of liability: (i) diligences due
to a warrant must be carried out only during the day, thus forced entry into households at night are
prohibited; (ii) diligences, when carried out without a warrant, may be based on anonymous reporting;
(iii) diligences must be justified and presented through the preparation of a detailed report, which
must contain any report of arrest in the act or apprehension of a teenager for an infraction, and be
sent to the court for the custody hearing, enabling the subsequent judicial control; and (iv) diligences
must be carried out within the strict limits of the exceptional purposes for which they are intended.
8 CONTENT
Finally, the state of Rio de Janeiro must, within a maximum period of 180 days, install GPS equip-
ment and audio and video recording systems in police vehicles and in the uniforms of security agents,
with the subsequent digital storage of the respective files.
Based on these grounds, the Full Court partially accepted motions for clarification in a precautionary
measure in a claim of non-compliance with a fundamental precept.
Justice Edson Fachin, ADPF 635 MC-ED , decided on February 2 and 3, 2022.
FUNDAMENTAL RIGHTS
Covid-19: reallocation of resources linked to education for actions against the

new coronavirus pandemic
HEADNOTES
The use, even if on an exceptional basis, of resources linked to education for actions against the
pandemic of the new coronavirus is prohibited.
AUDIO

4 Quality Education
The Court’s precedents are adamant as to the impossibility of using educational resources for expen-
ditures not related to education, as they have a destination linked to specific and exclusive purposes.
Therefore, while recognizing the seriousness of the Covid-19 pandemic and its impacts on the
economy and the public finances, nothing justifies the use of funds constitutionally linked to the
maintenance and development of the basic education for other purposes.
Based on this understanding, the Full Court unanimously dismissed the request on the direct action
of unconstitutionality.
Justice Cármen Lúcia, ADI 6529 , decided on October 8, 2021.
9 CONTENT
FUNDAMENTAL RIGHTS
Covid-19: immunization of adolescents by states, municipalities, and Federal

District
HEADNOTES
The decision to promote immunization against Covid-19 in adolescents over 12 years old, observing
the relevant scientific evidence and strategic analyses, falls within the competence of the states, the
Federal District, and the municipalities.
AUDIO

4 Quality Education
Federated entities have concurrent competence to adopt the regulatory and administrative measures
necessary to combat the pandemic.
According to the law, the decision on the inclusion or exclusion of adolescents among the people to
be vaccinated must consider scientific evidence and strategic health analyses.
Based on these understandings, the Full Court unanimously endorsed a precautionary measure
granted in a claim of non-compliance with a fundamental precept.
Justice Ricardo Lewandowski, ADPF 756 TPI-OITAVA-REF , decided on October 8, 2021.
FUNDAMENTAL RIGHTS
Territorial protection in non-ratified indigenous lands

HEADNOTES
The Union and the National Indigenous Foundation must carry out and implement territorial pro-
tection activities on indigenous lands, regardless if their demarcations have been ratified.
AUDIO

3 Ensure healthy lives and promote well-being for all at all ages
10 Reduce inequality
According to the Federal Constitution, the Union has the duty (and not the choice) to demarcate
indigenous lands. In this case, the non-ratification of the demarcations of these lands derives from
the deliberate inertia of the Public Administration, in affront to the indigenous rights.
10 CONTENT
Furthermore, by removing territorial protection in non-ratified lands, such stance signals to invad-
ers that the Union will refrain from fighting irregular actions in such areas. That may constitute an
invitation to invade lands that are known to be coveted by land grabbers and loggers, as well as the
practice of illicit acts of any kind. In addition, the suspension of territorial protection opens the way
for third parties to transit there, what puts the health of these communities at risk, since it exposes
them to possible contagion by Covid-19 and other diseases.
Based on this understanding, the Full Court ratified the precautionary measure already granted
to determine: (i) the immediate suspension of the effects of the Circular Letter 18/2021/CGMT/
DPT/FUNAI and the opinion 00013/2021/COAF-CONS/PFE-FUNAI /PGF/AGU; and (ii) the
implementation of territorial protection activities on indigenous lands, regardless if their demarcations
have been approved. Justice André Mendonça partially followed the rapporteur’s opinion.
Justice Roberto Barroso, ADPF 709 MC-SEGUNDA-REF , decided on February 25, 2022.
FUNDAMENTAL RIGHTS
Family asset: commercial rental and seizing

HEADNOTES
It is constitutional to seize a family asset belonging to a rental contract’s guarantor, whether the
rental is commercial or residential.
AUDIO

1 No Poverty
8 Decent work and economic growth
11 Make cities and human settlements inclusive, safe, resilient and sustainable
The general rule of unseizability of family assets accepts a few exceptions, among them the obligation
which derives from being a rental contract’s guarantor. This exception is necessary, proportionate and
reasonable, even in the event of a commercial rental.
It is necessary and proportionate, as the other legally accepted means to guarantee the commercial
rental agreement, such as surety and surety bond, are more costly for most entrepreneurs. In this way,
11 CONTENT
the guarantee appears to be the one that best provides gains in terms of promoting free enterprise,
valuing work and protecting consumers.
Reasonability, on the other hand, is based on the fact that the guarantor has free disposal of their
assets, which makes it clear that the restriction on their right to housing finds shelter in the principle
of private autonomy and self-determination of people, which is a principle that integrates the right
to personality.
With these understandings, when considering Topic 1127 of the general repercussion, the Full Court,
by majority, dismissed the extraordinary appeal.
Justice Alexandre de Moraes, RE 1307334 , decided on March 8, 2022.
FUNDAMENTAL RIGHTS
Telephone interception and successive warrants

HEADNOTES
A judge may extend the warrant for telephone interception successively, provided that, having verified
the legal requirements and demonstrating the need for the measure in the face of concrete elements
and the complexity of the investigation, the initial order and the extensions present a statement of
reasons, with a legitimate justification, even if succinct, to support the continuity of the investiga-
tions. In this sense, standardized reasoning or copies of generic models unrelated to the specific case
are illegal.
AUDIO

It is imperative to abide by the legal requirements and to demonstrate the concrete need for inter-
ception, as well as the complexity of the investigation. In any circumstance — initial decision or
extension decision — the reasoning must be related to the specific case. With regard to extensions,
they do not necessarily have to be exhaustive and bring new aspects.
It should be noted that the absence of incriminating results obtained with any interception of tele-
phone communications does not prevent the continuation of the diligence.
As for the total duration of the telephone interception measure, the period of surveillance has no
overall limit that can be abstractly imposed. The maximum duration of the state of defense (60 days),
as defined by the Constitution, is not a basis for limiting the viability of successive renewals.
12 CONTENT
With these understandings, when considering Topic 661 of the general repercussion, the Full Court,
by majority, granted the extraordinary appeal, to declare the validity, in the specific case, of the
telephone interceptions carried out and all the evidence arising therefrom. Justices Gilmar Mendes
(rapporteur), Dias Toffoli, Nunes Marques and Ricardo Lewandowski dissented.
Justice Alexandre de Moraes, RE 625263 , decided on March 17, 2022.
FUNDAMENTAL RIGHTS
“Maria da Penha” Law and removal of the aggressor by police chiefs and
police officers
HEADNOTES
In case of domestic violence, if an imminent risk to the woman’s life or integrity is present, chiefs of
police and police officers may remove the aggressor from the place of coexistence with the victim.
AUDIO

The inclusion of the challenged provisions in Maria da Penha Law (Article 12-C, items II and III,
and paragraph 1) is reasonable, proportionate, and adequate. It allows the immediate removal of
the aggressor, without a prior warrant, through the action of police chiefs (when the municipality is
not the jurisdiction’s main locale), and of police officers (when, given the same situation, there is no
police chief available at the time of the complaint). In both cases, the judge must be notified within
a maximum period of 24 hours and will decide on the maintenance or revocation of the urgent pro-
tective measure. The removal occurs in an exceptional and supplementary way and depends on the
ratification by the judge. This important mechanism aims to ensure the effectiveness of the removal
of the aggressor and to inhibit violence within the scope of domestic and family relationships.
Furthermore, the legislator’s option does not contradict the inviolability of the domicile clause, nor
does it offend due process. The changes are in line with the constitutional text, which does not require
a prior court order for restraining measures, as well as determines the creation of mechanisms to curb
violence within family relationships.
13 CONTENT
In addition, the legislation is in line with the international system for the protection of women’s
human rights and the fight to undermine violence against women, which has evolved to recommend
the creation of effective preventive and repressive mechanisms and, among other considerations, the
granting of priority of security over property rights.
Based on these understandings, the Full Court declared the constitutionality of the chal-
lenged norms.
Justice Alexandre de Moraes, ADI 6138 , decided on March 23, 2022.
FUNDAMENTAL RIGHTS
Automatic granting of environmental licenses for companies with medium

risk degree
HEADNOTES
It is unconstitutional to automatically grant an environmental license in the system responsible for the
integration and operation of companies that carry out medium-risk activities under the classification
established in a Government act.
AUDIO

Environmental licensing has a constitutional basis that cannot be suppressed, even indirectly, by law.
Nor can it be simplified to the point of being void, unless the norm that exempts it presents another
instrument capable of ensuring the protection of the environment with equal or greater quality.
In this context, the simplification of the procedure through the justification of reducing bureaucracy
and increasing economic development, with subsequent exclusive control, is an unconstitutional setback
as it distances itself from the principles of prevention and environmental precaution. Automaticity, in
turn, it contradicts a specific rule on environmental licensing, according to which economic activities
that potentially or actually cause an environmental impact are subject to state control.
There is no valid constitutional basis for prohibiting the additional collection, by the com-
petent bodies, of data that have not been previously made available at the time of the
licensing request protocol.
14 CONTENT
The protection of an ecologically balanced environment, for present and future generations, cannot
be compromised by business interests nor be dependent on exclusively economic motivations, insofar
as economic development must occur in a sustainable way.
Based on these understandings, the Full Court, by a majority, partially upheld the request made in
a direct action of unconstitutionality to give an interpretation to the disputed norms in accordance
with the Constitution, not applying them to licenses in environmental matters.
Justice Cármen Lúcia, ADI 6808 , decided on April 28, 2022.
FUNDAMENTAL RIGHTS
Composition of environmental control bodies

HEADNOTES
Rules that, under the pretext of restructuring environmental bodies, keep civil society and governors
from participating in the development and formulation of public policies, as well as reduce, as a
consequence, the control and surveillance promoted by them, are unconstitutional.
AUDIO

15 Life on land
17 Partnerships for the goals
The Federal Constitution bestows upon the Public Power and the community the duty to preserve
and defend the environment. The responsibility of the collectivity only exists if it is enabled to par-
ticipate in the formulation, execution, and control of environmental public policies, which is why
the Constitution establishes the duty of the Public Power to promote environmental education and
public awareness regarding the need to preserve the environment at all levels.
That is why environmental protection measures must be oriented towards welcoming the participation
of the civil society. In this context, the elimination of the presence of its representatives in the com-
position of environmental bodies excludes the collectivity from creating the adopted policies, as well
as gives the Executive Branch the exclusive control, neutralizing the plural, critical, and diversified
character of the formulation and social control of the policies, which, by constitutional definition,
characterizes a condition inherent to the performance of these bodies.
15 CONTENT
Based on these understandings, the Full Court, by a majority, upheld the request made in a claim
of non-compliance with a fundamental precept to (i) declare the unconstitutionality of Article 5 of
Decree 10224/2020, which extinguished the participation of the civil society in the Deliberative
Council of the National Environment Fund; and (ii) declare the unconstitutionality of Decree
10239/2020, specifically in the point that it excludes the participation of governors in the National
Council of the Legal Amazon; and item CCII of Article 1 of Decree 10223/2020, specifically at the
point where the Guiding Committee of the Amazon Fund was extinguished.
Justice Cármen Lúcia, ADPF 651 , decided on April 28, 2022.
FUNDAMENTAL RIGHTS
Freedom of expression and parliamentary immunity

HEADNOTES
Freedom of expression does not reach the practice of malicious speech, insults, nor demeaning and
derogatory criticism.
AUDIO

Restriction on the free expression of ideas, including through the application of criminal law, is
possible if acts, speeches or actions involve, for example, pedophilia, incite violence or have a clear
defamatory intent.
The guarantee of parliamentary immunity is not extended to acts performed without a clear
and reciprocal link between the speech and the performance of parliamentary functions.
This is because the guarantees of Parliament members are regarded from a functional perspective,
that is, of protection of only the functions considered essential to the members of the Legislative
Branch, regardless of where they are exercised.
In this case, the speeches given by the defendant were supposedly given with a clear injurious and
defamatory intent, in a manifestly malicious manner, without previous provocation or immediate
retaliation capable of excluding the criminal character, in theory, of the acts.
Based on these understandings, the Second Panel, by a majority, when granting the regimental
grievances, received criminal complaints for the crimes of Articles 139 and 140 of the Criminal Code.
Justice Gilmar Mendes, PET 8242 AGR , decided on May 3, 2022.
16 CONTENT
FUNDAMENTAL RIGHTS
Extension of maternity leave to a civil servant who is a single father

HEADNOTES
The civil servant who is a single father - of a family in which there is no maternal presence - is enti-
tled to maternity leave and maternity pay for a period of 180 days in the same way as guaranteed to
women by the current legislation.
AUDIO

The Court’s interpretative and jurisprudential construction, following the advances of the Constitution
in the field of social justice and the rights of human dignity, began to legitimize and equalize the
various configurations of family and filiation. This Court has repeatedly emphasized that the
Constitution and the Children and Adolescents Act adopted the doctrine of integral protection and
the principle of the absolute priority of children and adolescents as people in development, and that
they must be guaranteed all the conditions for a healthy, harmonious and safe family life, whether
the bond is biological or established by guardianship or adoption institutes.
Thus, although there is no legal provision, the benefit must be exceptionally extended to the father
of a single-parent family, concerning the principles of equality of rights between men and women
and full protection of the child, as it is intended to ensure the best interests of the minor, whose
bonds of affection with the person responsible for their upbringing and education are formed in the
first days of life.
Based on this understanding, the Full Court, unanimously, when considering Topic 1182 of the
general repercussion, dismissed the extraordinary appeal.
Justice Alexandre de Moraes, RE 1348854, decided on May 12, 2022.
17 CONTENT
FUNDAMENTAL RIGHTS
Production of intelligence reports and relation to the public interest

HEADNOTES
The bodies of the Brazilian Intelligence System, while necessary for public security, national security
and guaranteeing the efficient fulfillment of the State’s duties, must operate with strict linkage to the
public interest, observance of democratic values and respect for fundamental rights and guarantees.
AUDIO

In this context, the collection, production and sharing of data, information and specific knowledge
to satisfy the private interest of an agency or public agent characterizes misuse of purpose and
abuse of power.
The use of State assets to collect information from civil servants with a political stance contrary to
the government characterizes a deviation of purpose and an affront to fundamental rights such as
freedom of expression and of thought, privacy, gathering and association, to which maximum effec-
tiveness must be conferred, as they are essential to the democratic regime.
In addition, intelligence agencies of any hierarchical level, linked to any of the State branches, along
with being subject to external control carried out by the Legislative Branch, are also subject to the
scrutiny of the Judiciary, concerning the principle of inexorability of jurisdiction.
Based on these understandings, the Full Court, by a majority, upheld the request made in a claim of
non-compliance with a fundamental precept to confirm the previously granted provisional measure
and declare the unconstitutionality of acts by the Ministry of Justice and Public Security, which
produced and shared information about the personal life, political choices, and the civic practices of
citizens, as well as federal, state and municipal public servants identified as members of a political
movement, university professors and others who, acting within the limits of legality, exercise their
rights to freely express themselves, as well as to gather and associate.
Justice Cármen Lúcia, ADPF 722, decided on May 13, 2022.
18 CONTENT
FUNDAMENTAL RIGHTS
Suppression of environmental regulatory frameworks and prohibition of envi-

ronmental setback
HEADNOTES
CONAMA Resolution 500/2020 is unconstitutional.
AUDIO

2 Zero Hunger
6 Clean water and sanitation
12 Responsible consumption and production
15 Life on land
The normative power attributed to the National Council for the Environment (CONAMA, in the
Brazilian Portuguese acronym) by the respective instituting law consists of an instrument to enable
the regulatory agent to implement the guidelines, purposes, objectives, and principles expressed in
the Constitution and in the environmental legislation, necessarily guided by the constitutional order
of environmental heritage protection.
Thus, the mere repeal of operational norms that set measurable parameters necessary to comply with
the environmental legislation, without replacing or updating them, compromises the observance of
the constitutional text, the current legislation, and international commitments.
In this case, CONAMA Resolution 500/2020 repealed CONAMA Resolutions 284/2001, 302/2002
and 303/2002, which deal, respectively, with (i) licensing of irrigation projects; (ii) parameters,
definitions and limits of Permanent Preservation Areas of artificial reservoirs and the regime of use
of the surroundings; and (iii) parameters, definitions and limits of Permanent Preservation Areas.
In this context, by revoking the necessary and primary regulations for environmental protection in
the water sector, the contested normative act implied an evident setback in the protection and defense
of the fundamental rights to life, health and an ecologically balanced environment, as it allows for
a situation of degradation of ecosystems which are essential to the preservation of a healthy life,
compromising the integrity of ecological processes and promoting loss of biodiversity, as well as the
resurgence of the suppression of vegetation cover in legally protected areas.
CONAMA Resolution 499/2020 is constitutional.
By disciplining conditions, criteria, procedures and limits to be observed in the licensing of rotary
kilns for the production of clinker for the waste co-processing activity, the Resolution not only
meets the requirement of a previous environmental impact study for the installation of an activity
19 CONTENT
that potentially causes the degradation of the environment but also fulfills the obligation imposed
on the Government to control the use of techniques, methods and substances that pose a risk to life,
the quality of life and the environment.
In addition, its discipline is in line with Law 12305 of 2020, which establishes the National Solid
Waste Policy, observing the criteria of reasonableness and proportionality.
Based on these understandings, the Full Court unanimously upheld the request made in a claim of
non-compliance with a fundamental precept to (i) declare the unconstitutionality of CONAMA
Resolution 500/2020, with the immediate restoration of the validity and effectiveness of CONAMA
Resolutions 284/2001, 302/2002 and 303 /2002; and (ii) dismiss the request for the unconstitution-
ality of CONAMA Resolution 499/2020.
Justice Rosa Weber, ADPF 748, decided on May 20, 2022.
FUNDAMENTAL RIGHTS
Legal restrictions on the consumption of alcoholic beverages and driving a

motor vehicle
HEADNOTES
Any level of alcohol content by motor vehicle drivers is inadmissible.
AUDIO

4 Quality Education
The premise that “Prohibition” punishes responsible and irresponsible drivers in the same way is
not correct, given the inexistence of a safe “alcohol level.” Thus, any vehicle driver who drives after
drinking any amount of alcohol is also no longer considered responsible. The prohibitive norm, in
this sense, is characterized as adequate, necessary and proportional.
The occasional refusal of drivers to carry out a breath alcohol test, or other procedures
foreseen in law for measuring the influence of alcohol or other drugs because they do
20 CONTENT
not find shelter in the principle of non-self-incrimination, allows for the imposition of a fine
and the retention/ seizure of the driver’s licence.
There are no criminal or procedural consequences imposed on the refusal to perform the breath
alcohol test or the other procedures foreseen in law.
In these terms, the imposition of restrictions on rights, resulting from the driver’s refusal to carry out
the blood alcohol tests foreseen in law proves to be an adequate, necessary and proportional means
for the realization, to a greater extent, of other fundamental principles such as life and safety in traf-
fic, without entailing a violation of human dignity. This is within the boundaries of the legislator’s
conformation space in the design of public policies.
The rules that establish the prohibition of the sale of alcoholic beverages on federal high-
ways are constitutional.
Based on these understandings, the Full Court, when considering Theme 1079 of the general reper-
cussion, unanimously granted the extraordinary appeal and, by a majority, dismissed the requests
made in the direct actions of unconstitutionality.
Justice Luiz Fux, RE 1224374, decided on May 18 and 19, 2022.
Justice Luiz Fux, ADI 4017, decided on May 18 and 19, 2022.
Justice Luiz Fux, ADI 4103, decided on May 18 and 19, 2022.
FUNDAMENTAL RIGHTS
State soldiers on strike and amnesty for disciplinary infractions

HEADNOTES
A federal rule that grants amnesty to state military police and firefighters for disciplinary infrac-
tions, resulting from participation in claims for improvements in wages and working conditions, is
unconstitutional.
AUDIO

Amnesty granted by the Union must apply to crimes. In terms of disciplinary infractions, it is up
to state entities to grant it to their respective employees, given the autonomy that characterizes the
21 CONTENT
Brazilian Federation. As for firefighters and the military police, state competence is in accordance
to Articles 42 and 144, paragraph 6, of the Constitution.
In addition, although similar situations occurred in more than one state, the strikers’ non-resignation
remained directed to the specific conditions of each corporation. This means that, given the regional
nature of each conflict, it is up to the head of the corresponding Executive Branch, by imposition of
the principle of symmetry, to initiate the legislative process that will address the issue.
Based on this understanding, the Full Court, unanimously, partially upheld the claim in a direct
action of unconstitutionality to declare the unconstitutionality of the expression “and related dis-
ciplinary infractions” contained in the contested law. By a majority, the Court gave the decision ex
nunc effectiveness as of the date of the trial’s publishing.
Justice Cármen Lúcia, ADI 4869, decided on May 27, 2022.
FUNDAMENTAL RIGHTS
CNJ and transfer of confidentiality of tax and banking data

HEADNOTES
It is constitutional to request, without prior judicial authorization, banking and tax data considered
essential by the National Justice Internal Affairs Office to investigate an infraction of a specific sub-
ject, provided that it is in a regularly initiated process by a reasoned decision and based on concrete
evidence of the act’s practice.
AUDIO

Although constitutionally protected, the secrecy of banking and tax data can be subject to duly jus-
tified legislative conformation and yield to the achievement of public purposes, with provision for
transference within the Public Administration.
In this context, the CNJ’s (National Justice Council, in the Brazilian Portuguese Acronym) reg-
imental provision finds support in the presumption of patrimonial probity of public agents. Also,
the legitimacy of the request by a singular decision of the Internal Affairs Office, and not of the
Full Council, finds justification in the constitutional function exercised by it, of inspection of the
integrity function of the Judiciary, in particular the suitability of the judges, which, by exercising
jurisdiction — an indispensable power to the democratic rule of law — are required to strictly observe
the principles of Public Administration and the respective functional duties.
22 CONTENT
However, it is necessary to ensure the existence of guarantees to the taxpayer, so that there is no
room for debauchery or sweeping, generalized and indiscriminate searches in people’s lives with the
purpose of finding any irregularity.
Based on these understandings, the Full Court, unanimously, partially upheld the claim in a direct
action of unconstitutionality to give an interpretation in accordance with the Constitution to the
contested provision.
Justice Rosa Weber, ADI 4709, decided on May 27, 2022.
FUNDAMENTAL RIGHTS
Ultra-activity of normative clauses of collective agreements and conventions

HEADNOTES
The jurisprudential interpretation of the Labor Court that maintains the validity of rights estab-
lished in collective clauses, with a term that has already expired until a new agreement or collective
agreement is signed, is unconstitutional.
AUDIO

It is not up to the Superior Labor Court to exceptionally act and, in order to reach a certain objec-
tive, to interpret a constitutional rule arbitrarily. Thus, the ultra-activity of collective norms on the
grounds that agreed clauses are incorporated into individual employment contracts is incompatible
with the principles of legality, separation of Branches and legal certainty.
In addition, the Labor Court, by invoking the legislative function, removed the public debate and all
the procedures and guarantees typical of the legislative process. Subsequentially, on its own, dictated
not only the rule but the limits of the alteration it created, in addition to arbitrarily selecting who
would be affected by their understanding.
23 CONTENT
Based on this understanding, the Full Court, by a majority, upheld the request to declare the uncon-
stitutionality of Summula 277 of the Superior Labor Court, in the version attributed by Resolution
185/2012, as well as interpretations and judicial decisions that understand that Article 114, paragraph
2, of the Constitution, authorizes the application of the principle of ultra-activity of norms of labor
conventions and collective agreements.
Justice Gilmar Mendes, ADPF 323, decided on May 27, 2022.
INSTITUTIONS
INSTITUTIONS
Prerrogative of the Courts to supervise investigations against authorities with

privileged jurisdiction
HEADNOTES
The norm from the body of internal rules of a Court of Justice that conditions the opening of an
investigation to the authorization of the judge-rapporteur, in the cases which the same Court exercises
original jurisdiction, is constitutional.
AUDIO

There is no offense to the accusatory system since the provision stems from the constitutional regu-
lations that determine the specific jurisdiction, subjecting investigations against certain authorities
to greater judicial control due to the importance of the functions they perform.
As for the need for judicial supervision of investigative acts, according to the systematic interpretation
of the Constitution and based on the consolidated case law of this Court, the same treatment given
to authorities with privileged jurisdiction in the Supreme Court must be applied, by symmetry, to
those with privileged jurisdiction in other courts in compliance with the principle of isonomy, which
guarantees the same treatment to those who are in an equal situation.
Furthermore, there is no usurpation of the institutional functions constitutionally

conferred on the Public Prosecutor’s Office, as the body retains ownership of the criminal action and
investigative prerogatives, and must only submit its activities to judicial control.
24 CONTENT
Based on this understanding, the Full Court unanimously dismissed the direct action to declare the
constitutionality of the contested provision.
Justice Cármen Lúcia, ADI 7083, decided on May 13, 2022.
INSTITUTIONS
Extinction of disciplinary prison sentences of military police and firefighters

HEADNOTES
A federal law, of parliamentary initiative, which prohibits freedom depriving and restrictive measures
inflicted on police officers and military firefighters of states, territories and the Federal District, is
unconstitutional.
AUDIO

In line with the case law of the Federal Supreme Court, the initiative of a law that foresees the legal
regime for state and district military servants falls upon the head of the local Executive Branch by
virtue of the symmetry principle. In this case, the contested rule resulted from the approval of Bill
7645 of 2014, authored by the parliament. Thus, even if it were understood that it foresees general
rules, within the competence of the Union, there is clear vice of formal unconstitutionality.
The contested law also suffers from material unconstitutionality. Notwithstanding, the military
police and the military fire brigades of the federated entities are subordinate to the governors. They
constitute auxiliary forces and reserve of the Army, being responsible, together with the investigative
police, for the preservation of public order, and the safety of people and property.
In this context, state and district military servants are subject to a different legal regime, which is
why the Constitution itself expressly authorizes imprisonment by determination of their hierarchical
superiors in the event of transgression of the rules and does not even guarantee them habeas corpus
in relation to disciplinary punishments.
Based on these understandings, the Full Court unanimously upheld the direct action of unconsti-
tutionality to declare the formal and material unconstitutionality of Federal Law 13967 of 2019.
Justice Ricardo Lewandowski, ADI 6595, decided on May 20, 2022.
25 CONTENT

Bulletin: Brazilian Federal Supreme Court

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BRAZILIAN FEDERAL SUPREME COURT

2022 | EDITION 3 | JULY

EDITION 3 - 2022 | JULY

The STF Bulletin provides cases in English chosen from the

SUPREME COURT BOOKSTORE

Plan to reduce police lethality and control of human rights violations

Covid-19: reallocation of resources linked to education for actions against the

Covid-19: immunization of adolescents by states, municipalities, and

Territorial protection in non-ratified indigenous lands

Family asset: commercial rental and seizing

Telephone interception and successive warrants

Automatic granting of environmental licenses for companies with medium risk

Composition of environmental control bodies

Freedom of expression and parliamentary immunity

Extension of maternity leave to a civil servant who is a single father

Production of intelligence reports and relation to the public interest

Suppression of environmental regulatory frameworks and prohibition of envi-

State soldiers on strike and amnesty for disciplinary infractions

CNJ and transfer of confidentiality of tax and banking data

Ultra-activity of normative clauses of collective agreements and conventions

Prerrogative of the Courts to supervise investigations against authorities with

Extinction of disciplinary prison sentences of military police and firefighters

Plan to reduce police lethality and control of human rights violations

UN | SUSTAINABLE DEVELOPMENT GOALS

Furthermore, it is imperative to give absolute priority to investigations involving children or ado-

Covid-19: reallocation of resources linked to education for actions against the

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Cármen Lúcia, ADI 6529 , decided on October 8, 2021.

Covid-19: immunization of adolescents by states, municipalities, and Federal

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Ricardo Lewandowski, ADPF 756 TPI-OITAVA-REF , decided on October 8, 2021.

Territorial protection in non-ratified indigenous lands

UN | SUSTAINABLE DEVELOPMENT GOALS

Family asset: commercial rental and seizing

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Alexandre de Moraes, RE 1307334 , decided on March 8, 2022.

Telephone interception and successive warrants

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Alexandre de Moraes, RE 625263 , decided on March 17, 2022.

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Alexandre de Moraes, ADI 6138 , decided on March 23, 2022.

Automatic granting of environmental licenses for companies with medium

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Cármen Lúcia, ADI 6808 , decided on April 28, 2022.

Composition of environmental control bodies

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Cármen Lúcia, ADPF 651 , decided on April 28, 2022.

Freedom of expression and parliamentary immunity

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Gilmar Mendes, PET 8242 AGR , decided on May 3, 2022.

Extension of maternity leave to a civil servant who is a single father

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Alexandre de Moraes, RE 1348854, decided on May 12, 2022.

Production of intelligence reports and relation to the public interest

UN | SUSTAINABLE DEVELOPMENT GOALS

Justice Cármen Lúcia, ADPF 722, decided on May 13, 2022.

Suppression of environmental regulatory frameworks and prohibition of envi-

UN | SUSTAINABLE DEVELOPMENT GOALS

CONAMA Resolution 499/2020 is constitutional.

Justice Rosa Weber, ADPF 748, decided on May 20, 2022.

Legal restrictions on the consumption of alcoholic beverages and driving a

UN | SUSTAINABLE DEVELOPMENT GOALS