Appeal on Process Amendment

The Brazilian Senate has been debating a proposed amendment to the Constitution known as PEC 15. If it is approved, it would transform extraordinary and special appeals—traditionally those involving the federal supreme court—into rescissory actions, as well as, determine that the party filing the appeal proves the general repercussions of the constitutional issues in order for a proper analysis of admissibility takes place.

Now the Senate Committee on Constitution and Justice has approved a request to hold a public hearing about the amendment where citizens, lawyers, and politicians alike can comment and express any concerns.

According to reports, the hearing was proposed by Senator Francisco Dornelles, though it follows a request made by the Bar Association of Brazil (OAB). According to the president of the OAB Marcus Vinicius Furtado, this change may speed up the process of justice but it can not come at the expense of a guarantee of the right to legal defense. 

By holding a public hearing, the Brazilian Bar Association hopes to remove the urgency in analyzing PEC and allow those in charge to take the time to fully understand the proposal before voting on it.  

According to two executives from the OAB, president of the National Council of the Federal Legislation, Francisco Torres Esgaib, and the chairman of the Special Committee on Legislative Monitoring, Eduardo Pugliesi this issue deserves further attention from all involved. This could have far-reaching ramifications for the judicial system and is something all Brazilian lawyers should be aware of.