Kim Kataguiri: Mr. President, the MISSÃO instructs 'no'. We are creating a rule here to rationalize the proceedings at the STJ (Superior Court of Justice).
Kim Kataguiri: The motion from PT (Workers' Party) states the following: 'If it is a fundamental right or guarantee, we create an exception.'
In Article 5 alone, there are 79 subsections. So a rule that has 79 exceptions is not a rule.
Kim Kataguiri: Another point, which Deputy Pedro Uczai — who is looking at me here — made, which worries me and I think was not what he meant, is: 'How can we allow fundamental rights and guarantees to be adjudicated in the first instance, to be adjudicated in the second instance?' Well, if we consider that the first and second instance courts are not competent enough — judges and appellate judges — to adjudicate fundamental rights and guarantees, we will close down the Judiciary and leave only the higher courts.
Kim Kataguiri: I do not believe that is exactly what the Deputy said he meant.