Flávio Dino defended the use of monocratic decisions by the Supremo Tribunal Federal (STF) to prevent the court from collapsing under high case volumes [1].
This defense comes amid ongoing criticism regarding how the court handles its workload and the specific sentencing of those convicted in the Jan. 8 riots. The debate centers on whether individual justices should hold such significant power to issue rulings without the full court's consensus.
Dino said that criticizing the perceived excess of monocratic decisions ignores the commands established by law [1]. He said that these individual rulings are a functional necessity to ensure the judicial system continues to operate effectively given the sheer volume of processes entering the court [1].
Parallel to this defense, the Palácio do Planalto has analyzed a preliminary injunction issued by Dino. This specific ruling suspended indemnity payments that lacked a legal basis [2].
Commentators Dora Vilela and Denise discussed the repercussions of this decision within the executive branch [2]. The suspension of these funds, often referred to as "penduricalhos" or legal perks, highlights the tension between judicial oversight and administrative payouts in Brasília [2].
Dino's position emphasizes a systemic approach to judicial efficiency. By utilizing monocratic rulings, the court can resolve urgent matters and clear backlogs that would otherwise paralyze the collegiate process [1].
“"Repetir uma crítica superficial contra o suposto excesso de decisões monocráticas no STF equivale a ignorar os comandos fixados em Lei."”
The tension over monocratic decisions reflects a broader struggle in Brazil between judicial efficiency and democratic legitimacy. By justifying individual rulings as a tool against systemic collapse, the STF is prioritizing the functional survival of the court over the traditional preference for collective deliberation. This shift allows the court to act more swiftly but increases political friction with other branches of government, particularly when those rulings impact financial payouts at the Palácio do Planalto.
