Source: Jornal do Commercio Brasil (RJ), 23/06/2009

The president of the Supreme Federal Court (STF), Minister Gilmar Mendes, said yesterday, during a lunch-debate promoted by the Lide-Grupo de Líderes Empresariales, in São Paulo, that it is necessary to seek a solution for the precatories, which may possibly be the installment payment. . "We can discuss what is the modality of installment and the appropriate form, but I find it very difficult to insist on the thesis of demanding immediate payment, which would make all state activities of public services unfeasible".

Mendes said he was prevented from giving his opinion on the unconstitutionality of the Precatorios' Constitutional Amendment Proposal (PEC), considered by some to be the Pote do Calote for setting limits that states, municipalities and the Union may allocate to the payment of debts with citizens. According to him, the measure, instead of encouraging default, as some claim, recognizes that many federated entities are, in fact, prevented from making immediate payments of debts of this nature. "We know that demanding immediate payment of these precatories could even make state and municipal activities unfeasible, and it is not possible to make decisions based on these scenarios," he warned.

“What happens is that our current payment model for precatories is outdated. Before, part of what was due was paid, inflation was disregarded, and the rest of the debt was left for the next management. With monetary stability starting in 1994, we started to have unpayable debts ”, he told an audience of about 300 entrepreneurs and LIDE executives.

The minister stated that the STF has been looking for other ways to deal with the issue. According to Gilmar Mendes, of the 70 million cases that passed through the Supreme Court last year, a large part was for tax purposes. “We need to find a more modern way of carrying out judicial collection. Most likely, part of the tax enforcement has to go through the administrative path, ”he said. According to Mendes, because of this overload on the Judiciary, many lawsuits are unfeasible to be judged and are stopped. “And these are credits that must be collected, as there is no social state without fiscal responsibility. There is a fundamental duty to pay taxes, ”he said.

For the minister, the Brazilian can dream of a faster Justice. “We are working on a management model that allows changing paradigms and we are already aware of these results. The challenges are enormous, because we have, fortunately, a judicial culture ”.

JOURNALISTS. The minister also said that the deregulation of the profession of journalist is only "the first decision in a series". Gilmar Mendes preferred not to point out which are the next professions to be deregulated. "Just look at the list of professional regulatory laws and see if these laws meet the requirements established by the Supreme Court, such as health risk, risk to the population and the need for state intervention," he said. About 100 students were waiting for Gilmar Mendes at the entrance of the event, to protest the decision.

According to Gilmar Mendes, the STF's decision - which by nine votes to one made the requirement of a journalism diploma and professional registration unconstitutional - must stop “the impulse in the National Congress” to regulate professions. In the case of activities regulated by federal councils, such as public relations, the minister said that there should be challenges. “I have the impression that there will certainly be challenges. I imagine that in the National Congress there will be a movement towards this new reflection ”, he said, recalling that the first case in the STF of professional deregulation was that of real estate in the 60s.

On the case of federal deputy Antonio Palocci (PT-SP) accused of allegedly receiving bribes from a garbage collection company during his term as mayor of Ribeirão Preto, Gilmar Mendes said only that the trial will take place in early August. “Very controversial issues must be resolved quickly, but unfortunately, due to my duties as president of the Supreme Court and also the CNJ (National Council of Justice), and the need to leave Brasília, we will make this judgment only at the beginning of August". The decision affects the political landscape of 2010, since Palocci may run for office in the government of São Paulo.

The president of the STF also spoke about the opening of the archives of the Guerrilha do Araguaia. "There is a right to the truth and if, in fact, these documents exist, they must be shown," he said.

Participated in the Lide event, which is chaired by João Doria Junior, the president of the Gocil Group, Whashington Cinel, the president of Sodexo, Geraldo França, the president of Nossa Caixa Mapfre, Marcos Eduardo Ferreira, the president of Brinquedos Estrela, Carlos Tilkian , the president of Grupo De Nadai, Sérgio De Nadai, the president of Etco, André Franco Montoro Filho, businesswoman Viviane Senna, and the general director of Fundação Getúlio Vargas (FGV), Fernando Meirelles. Also participating were the Senator for the State of São Paulo, Romeu Tuma, the State Secretary for Justice, Luiz Antonio Marrey, the President of the Brazilian Bar Association of the São Paulo section, Luiz Flávio Borges D ”Urso, and the lawyer Ives Gandra Martins, among others. (With agencies)