STF Minister Gilmar Mendes suspended parts of the 1950 Impeachment Law, restricting impeachment requests for ministers to only the PGR and raising the required Senate quorum. The move prompted an immediate reaction from Senate President Davi Alcolumbre, who defended the Legislature's prerogatives and threatened constitutional changes. The Lula government, through the AGU, requested reconsideration until plenary judgment.
On December 3, 2025, STF Minister Gilmar Mendes monocratically suspended articles of Law No. 1,079/1950, which regulates the impeachment of authorities. The main change makes it the exclusive competence of the Attorney General's Office (PGR), headed by Paulo Gonet, to file complaints against STF ministers for crimes of responsibility. Previously, any citizen could do so directly to the Senate.
Mendes argued that the old rule encouraged complaints motivated by political-party interests, without rigorous legal basis. "The Head of the Union Public Ministry [...] has the capacity to assess, from a strictly legal perspective, the existence of concrete elements that justify the start of an impeachment procedure," the minister wrote. Additionally, he raised the quorum for opening the process in the Senate from a simple majority to two-thirds of members, or 54 out of 81 senators, aligning it with the requirement for presidential impeachment.
The decision, issued as an injunction in a lawsuit filed by the Solidariedade party, sparked tensions with the Legislature. Senate President Davi Alcolumbre (União Brasil-AP) delivered a vehement speech, demanding respect for Congress and stating: "I do not lack courage to do what is necessary to protect the Brazilian Legislature." He advocated approving a new law on STF ministers' crimes of responsibility and amending the Constitution to reverse the measure, which weakens the Senate's role.
The episode exacerbates historical disputes between branches, including President Lula's nomination of Jorge Messias to the STF, resisted by Alcolumbre, who preferred Rodrigo Pacheco (PSD-MG). The Attorney General's Office (AGU), headed by Messias, opposed the PGR's exclusivity, defending popular legitimacy for complaints, but agreed with the two-thirds quorum to protect judicial independence. "Without such safeguard, judicial independence remains weakened," the AGU stated.
Other frictions include preserving the mandate of Carla Zambelli (PL-SP), convicted by the STF, and the case of Alexandre Ramagem (PL-RJ). The injunction will be judged by the STF plenary in a virtual session from December 12 to 19, coinciding with the legislative recess. The opposition plans a constitutional amendment to restore the right of any citizen to file requests.
