Pauta do Plenário desta quarta-feira (30) traz loterias, alienação de ativos da Petrobras e direito ao esquecimento

Temas variados estão na pauta desta quarta-feira (30) do Plenário do Supremo Tribunal Federal (STF). A sessão será realizada por meio de videoconferência, a partir das 14h. No primeiro item da pauta, os ministros devem concluir o julgamento conjunto de ações que tratam da exclusividade da União para explorar loterias, iniciado na semana passada, objeto das Arguições de Descumprimento de Preceito Fundamental (ADPFs) 493 e 492 e a Ação Direta de Inconstitucionalidade (ADI) 4986.

Também está pautada a Reclamação (Rcl) 42576, ajuizada pelas Mesas Diretoras do Congresso Nacional, do Senado e da Câmara dos Deputados contra a venda de ativos de subsidiárias da Petrobras. As Casas Legislativas alegam afronta à decisão do STF na ADI 5624, quando o Tribunal decidiu que a venda de subsidiárias de estatais não exige autorização legislativa, salvo quando a venda implicar alienação do controle acionário das empresas-matrizes. O relator é o ministro Edson Fachin.

Direito ao esquecimento

Outro tema pautado é o direito ao esquecimento na área cível, objeto do RE 1010606, com repercussão geral. O processo é de autoria de familiares da vítima de um crime de grande repercussão praticado nos anos 1950 no Rio de Janeiro, que buscam reparação pela reconstituição do caso em programa televisivo sem autorização. O relator, ministro Dias Toffoli, realizou, em junho de 2017, uma audiência pública a fim de colher subsídios para o julgamento.

Banco de material genético

Outro tema listado para julgamento é o armazenamento obrigatório de cordão umbilical e outros materiais genéticos de mães e bebês no momento do parto, como medida para evitar a troca de recém-nascidos. A questão é debatida na ADI 5545, contra dispositivo de lei estadual do Rio de Janeiro. Para a Procuradoria-Geral da República, a norma viola os direitos fundamentais à proteção da privacidade e da intimidade e ao devido processo legal.

Confira, abaixo, todos os temas pautados para esta quarta-feira. A sessão tem transmissão ao vivo pela TV Justiça, pela Rádio Justiça e pelo canal do STF no YouTube.

Arguição de Descumprimento de Preceito Fundamental (ADPF) 493
Relator: ministro Gilmar Mendes
Associação Brasileira de Loterias Estaduais x Presidente da República
Continuação do julgamento da ação que tem por objeto os artigos 1º e 32, caput, e parágrafo 1º, do Decreto-Lei 204/1967, que dispõe sobre a exploração de loterias como serviço público exclusivo da União e impede a criação de loterias estaduais e impedem as loterias estaduais atualmente existentes de aumentar as suas emissões além das quantidades de bilhetes e séries em vigor na data da publicação do decreto-lei. A Associação Brasileira de Loterias Estaduais alega que os dispositivos conferem verdadeiro monopólio à União para exploração de serviços de loteria e criam um ambiente de franca desigualdade entre os entes da Federação, ao impedir que 12 estados-membros e o Distrito Federal criem estrutura administrativa para esse fim, enquanto, de outro lado, permite a exploração de serviços de loteria a apenas 15 estados. Sobre o mesmo tema serão julgadas a ADPF 492 e a ADI 4986

Reclamação (Rcl) 42576 – Medida Cautelar
Relator: ministro Edson Fachin
Mesas do Congresso Nacional, do Senado e da Câmara dos Deputados x Petrobras
Pedido inicialmente autuado a partir de petição conjunta nos autos da ADI 5624. As mesas das Casas legislativas sustentam que a constituição de subsidiárias, a partir de desmembramentos da empresa-matriz, com a finalidade única de alienação do controle acionário, caracteriza desvio de finalidade e prática proibida e inconstitucional, quando não for orientada por novas oportunidades de negócios, sim pelo interesse na alienação de ativos, com a possibilidade de conduzir a "privatizações brancas", em burla ao controle democrático do Congresso Nacional.

Recurso Extraordinário (RE) 1010606 – Repercussão Geral
Relator: ministro Dias Toffoli
Nelson Curi x Globo Comunicações e Participações S/A
O recurso discute a aplicabilidade do direito ao esquecimento na esfera civil quando for invocado pela própria vítima ou pelos seus familiares. Na decisão questionada, o Tribunal de Justiça do Rio de Janeiro entendeu que a Constituição Federal garante a livre expressão da atividade de comunicação, “independente de censura ou licença, franqueando a obrigação de indenizar apenas quando o uso da imagem ou informações é utilizada para denegrir ou atingir a honra da pessoa retratada, ou ainda, quando essa imagem/nome for utilizada para fins comerciais". Ainda segundo o TJ-RJ, a Globo cumpriu sua função social de informar, alertar e abrir o debate sobre o caso controvertido. Foi realizada audiência pública para ouvir autoridades e especialistas sobre o tema.

Ação Direta de Inconstitucionalidade (ADI) 5545
Relator: ministro Luiz Fux
Procurador-geral da República x Governador do RJ
Ação ajuizada contra dispositivos da Lei estadual 3.990/2002 do Rio de Janeiro (artigos 1º, parte final, e 2º, inciso III, alínea “d”) que obrigam a adoção de medidas de segurança que evitem, impeçam ou dificultem a troca de recém-nascidos nas dependências de estabelecimentos de saúde e que possibilitem a posterior identificação através de exame de DNA. Para o procurador-geral da República, há violação ao direito fundamental à intimidade e à privacidade, sem considerar a manifestação de vontade das pessoas afetadas. A PGR afirma na ação que o benefício da norma, da forma como foi estruturada, é duvidoso, com ofensa ao princípio da proporcionalidade.

Ação Direta de Inconstitucionalidade (ADI) 5166
Relator: ministro Gilmar Mendes
Associação Brasileira de Supermercados x Estado de São Paulo
A ação questiona a Lei estadual 15.361/2014, de São Paulo, que dispõe sobre a exposição de produtos orgânicos nos estabelecimentos comerciais. A associação sustenta que a norma destoa da legislação federal que regulamenta a agricultura orgânica no país (Decreto 6.323/2007, que regulamentou a Lei 10.831/2003).

Arguição de Descumprimento de Preceito Fundamental (ADPF) 221
Relator: ministro Dias Toffoli
Democratas x Governador e Assembleia Legislativa do RS
A ADPF questiona legislação do Rio Grande do Sul que dispõe sobre o cadastramento, a distribuição e a comercialização de produtos agrotóxicos e biocidas no território estadual (parágrafo 2º do artigo 1º da Lei 7.747/1982; e inciso II do artigo 2º e artigo 3º do Decreto 32.854/1988, com a redação dada pelo Decreto 35.428/1994). O partido alega, entre outros pontos, que o "bloco normativo" disciplinou operações de natureza mercantil e estabeleceu restrições à importação de produtos estrangeiros, ao restringir a entrada no estado de produtos não registrados no país de origem.

Ação Direta de Inconstitucionalidade (ADI) 5509
Relator: ministro Edson Fachin
Procurador-geral da República x Governador e Assembleia Legislativa do CE
A ação questiona vários dispositivos da Constituição do Ceará quedispõem sobre a prescrição e a decadência nos procedimentos em trâmite no âmbito do tribunal de contas estadual. Segundo a PGR, é inconstitucional a fixação de prazo prescricional em procedimentos administrativos da competência de tribunais de contas (TCU e TCs estaduais), caso alcance pretensões estatal. O procurador-geral sustenta que o regramento cearense não tem correspondência no modelo federal de configuração das cortes de contas.

AR/CR//CF

 

Fonte: http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=452594
Todas as informações contidas nesta página são de responsabilidade do seu criador.

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