Post by firoj1212 on Feb 11, 2024 11:42:14 GMT
Imagine putting 11 people in the same house and assigning them the role of deciding important issues regarding their neighbors. Imagine that the youngest of these people has less than six decades of life and that the maximum time for her to remain in the decision-making position over her neighbor is until she turns 70 years old. Many, therefore, will stay in the house for more than 10 years. Imagine that, every time someone turns 70, another suitably qualified neighbor is chosen to replace the retiree. Can we demand that everyone always maintain the same opinion and that the new member follows what the old members understand? Now think that this neighbor is as numerous as Brazil and that the decision-making house is the Federal Supreme Court.
In this scenario, it becomes easier to understand why the court, which has the role of guardian of the Constitution, also reviews its own decisions, changes its understanding, revives precedents, accepts laws, disregards acts, modifies 15-year-old jurisprudence and, then of another 15, he takes them back. It is the rule of the game dictated by humans. However, it does not stop being a strong cause of legal Argentina Email List uncertainty in Brazil. During the first day of the III National Congress of Tax Studies, promoted by the Brazilian Institute of Tax Studies (Ibet) in São Paulo this Monday, Tuesday and Wednesday (11, 12 and 13/12), experts focused on the influence of Judiciary in the country's legal security. “The Constitution screams that legal security is a fundamental value”, reinforces minister José Delgado , of the Superior Court of Justice.
Even so, the minister believes, laws are born in the country with the presumption of unconstitutionality. The issue then ends up in the hands of the Judiciary, more precisely the STF, which is responsible for analyzing the constitutionality of the law. Interpretation is subjective. The Supreme is made of humans. The result of the sum can be seen in an example that the minister gives to illustrate the situation of legal uncertainty in the country: the barrier clause. “The law that provides for the clause has existed since 1995. Now, unanimously, the Supreme Court declares it unconstitutional.” Despite being 11 years old, she was born and died without being effectively applied. Detail of R$1 million In tax matters, a change in a certain understanding could lead the company to go bankrupt.
In this scenario, it becomes easier to understand why the court, which has the role of guardian of the Constitution, also reviews its own decisions, changes its understanding, revives precedents, accepts laws, disregards acts, modifies 15-year-old jurisprudence and, then of another 15, he takes them back. It is the rule of the game dictated by humans. However, it does not stop being a strong cause of legal Argentina Email List uncertainty in Brazil. During the first day of the III National Congress of Tax Studies, promoted by the Brazilian Institute of Tax Studies (Ibet) in São Paulo this Monday, Tuesday and Wednesday (11, 12 and 13/12), experts focused on the influence of Judiciary in the country's legal security. “The Constitution screams that legal security is a fundamental value”, reinforces minister José Delgado , of the Superior Court of Justice.
Even so, the minister believes, laws are born in the country with the presumption of unconstitutionality. The issue then ends up in the hands of the Judiciary, more precisely the STF, which is responsible for analyzing the constitutionality of the law. Interpretation is subjective. The Supreme is made of humans. The result of the sum can be seen in an example that the minister gives to illustrate the situation of legal uncertainty in the country: the barrier clause. “The law that provides for the clause has existed since 1995. Now, unanimously, the Supreme Court declares it unconstitutional.” Despite being 11 years old, she was born and died without being effectively applied. Detail of R$1 million In tax matters, a change in a certain understanding could lead the company to go bankrupt.