Brazil Counts at Least 58 thousand Officials, from 40 Different Positions, with Privileged Standing

04/24/2018 - 10h22

While the Federal Supreme Court (STF) debates restricting special standing only to the 594 federal Congressmen and Senators, Brazilian legislation guarantees the prerogative to at least 58,660 different individuals, based on a study carried out by Folha.

Authorities who hold more than 40 different kinds of positions in diverse areas and levels throughout public administration entities today have the right to differentiated treatment by the Judiciary. Legal cases involving these people are sent directly to the higher courts.

The 1988 Constitution defined some of the functions that receive this treatment. Members of Congress and the President of the Republic, for example, are under the responsibility of the STF. Governors and judges have their cases taken directly to the Superior Justice Tribunal (STJ).

Some State Constitutions broaden the standing to include police and military firefighter commanders, officers of government owned companies and city councilors.

The study revealed that São Paulo is the federal unit with the largest number of people with the standing - 7,231 officials.

The data was extracted from 60 different official sources, like the National Judicial Council as well as state and municipal transparency portals.

"Privileged standing is a mechanism that prevents a judge from obliterating the votes of thousands of people", says Fábio Tofic, President of the Institute for the Defense of the Right to Defense (IDDD).

The case of special standing for non-elected public agents, like judges, is based on the principle of guaranteeing immunity.

In practice, the elevated number of people with standing contributes to gridlock in the judicial system.

Translated by LLOYD HARDER

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