Without Lewandowski, STF put Kandir Law and law to prevent the exchange of babies in hospitals on the agenda

Without Minister Ricardo Lewandowski, who retired on Tuesday, the 11th, the Plenary of the Federal Supreme Court will meet this Wednesday afternoon, the 12th, to analyze actions that deal with, among other topics, the possibility of suspending proceedings to await tie-breaking vote and a law in Rio de Janeiro to make it difficult or prevent the exchange of newborns in hospitals.

Ten ministers make up the Plenary – formation that will remain in force until President Lula chooses the new minister. Two names are the most quoted for the chair occupied by Lewandowski for 17 years: lawyer Cristiano Zanin and jurist Manoel Carlos de Almeida Netto.

They are also on the agenda to be discussed by the Court in the session of this fourth action against changes in the Social Security Benefit Plans Law (Law 8.213/1991) and changes in the Kandir Law (Complementary Law 87/1996) to regulate the collection of the Differential Rate of Tax on Circulation of Goods and Services (Difal/ICMS).

See below for all cases scheduled for trial. The session is broadcast live on TV Justiça, Rádio Justiça and the STF channel on YouTube.

Complaint (RCL) 34805 – Question of Order in the Regimental Appeal

Rapporteur: Minister Edson Fachin

Marcos Antônio Pereira v Judge of the 1st Electoral Zone of Brasilia

The collegiate will decide whether it is possible, in the case of a tie that can be overcome in the judgment of criminal matters in a complaint, to suspend the process for the collection of the vote of the member who was absent from the session. On the same subject, a matter of order will be judged in the Appeal in RCL 36131.

Direct Action of Unconstitutionality (ADI) 5545

Rapporteur: Minister Luiz Fux

Attorney General of the Republic x Governor of RJ

Action filed against provisions of State Law 3990/2002 of Rio de Janeiro that require the adoption of security measures that prevent, prevent or hinder the exchange of newborns in health establishments and that allow subsequent identification through DNA testing.

Direct Actions of Unconstitutionality (ADIs) 2110 and 2111

Rapporteur: Minister Nunes Marques

Communist Party of Brazil (PCdoB) and others x President of the Republic and National Congress

The lawsuits challenge changes in the Social Security Benefit Plan Law (Law 8213/1991) introduced by Law 9876/1999 on individual contributor social security contributions and benefit calculation. Among the points of questioning are the grace period for enjoying the maternity salary, the extension of the basic period for calculating the social security factor, the requirement to present an annual certificate of mandatory vaccination and proof of school attendance of a dependent to pay the salary. family.

Direct Actions of Unconstitutionality (ADIs) 7066, 7078 and 7070

Rapporteur: Minister Alexandre de Moraes

Brazilian Machinery and Equipment Industry Association (Abimaq) and governors of Ceará and Alagoas x President of the Republic and National Congress

The actions challenge part of Complementary Law 190/2022, which amends the Kandir Law (LC 87/1996) to regulate the collection of the ICMS Rate Differential in interstate operations and installments intended for non-taxpaying final consumers. The reporting minister rejected the request for a precautionary measure in the three lawsuits.

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