Last Saturday, (26) as usual, I was participating in the painting "Your Right Your Duty" program "Morning of Culture" on Radio Cultura FM.
On occasion, debating how the journalist Erivan Lima's recent ban on the Supreme Court of apliação of Complementary Law 135 (Clean Record) to the 2010 elections.
Indeed, this regulatory standard, derived from social movements and popular initiative, was one of the most useful and beneficial laws in recent years. However, suffered over the constitutionality. As well
wrote the lawyer and journalist Piauí Pedro Alcantara, the vote of the new minister, Luiz Fux in the case of trial clean sheet of the process, saved the Supreme Court. Understand the reasoning. Imagine the Pope to deny the existence of God, or go around saying that Jesus Christ never came by. Imagine Kamenney Ayatollah, Iran's religious leader, Muhammad denied the Koran and tear, or even the Tibetan spiritual leader Dalai Lama Buddha contest. It would be a radical change of stock, and watering habits and thoughts.
The Supreme Court is the guardian of the Constitution. It is he who is claiming what is written in the charter of the country. If the Supreme Court does not respect the constitution, who will respect them? The constitutional text does not was modified. They made a law to punish and stop spreading conduct prohibited by public or even ordinary people.
Now, instead of a law, which should have been approved was an amendment. So yes, there would be no defense. Clean Sheet The law is one of more modern mechanisms that this country has produced in the field of law, but unfortunately it can not supersede the constitution. From this perspective, the minister Fux saved the Supreme Court that with their vote, remains the protector of the constitution.
