Clarification note on direct unconstitutionality action
Due to comments from trade union entities regarding the CRUESP Communiqué of November 27th, regarding the Direct Action of Unconstitutionality (ADI) that was filed with the Federal Supreme Court (STF), CRUESP clarifies that on August 15th, 2019 contacted the president of the Unicamp Teachers' Association (Adunicamp), current president of Fórum das Seis, requesting the support of the National Union of Teachers of Higher Education Institutions (ANDES-SN) to file the ADI with the STF. This possibility was the option suggested by several jurists, as ANDES-SN is a nationwide union, with serious work and legitimacy to deal with the matter at hand, in accordance with section IX of art. 103 of the 1988 Federal Constitution:
“Art. 103. The following may propose a direct action for unconstitutionality and a declaratory action for constitutionality: ...
IX - Trade union confederation or national class entity. ..."
The matter was discussed informally for a few days between the president of Adunicamp and the current Attorney General of the University of São Paulo (USP), including the sending of documents.
The note from the ANDES-SN board, dated November 29, 2019, states that ANDES-SN “would not have the legal prerogative for such an action”. Furthermore, it mentions that when there are such demands, the entity articulates with another institution and joins the action as Amicus Curiae. CRUESP was unaware of this aforementioned impossibility, and also did not receive any possibility of help with coordination with any other institution from the interlocutor. As mentioned in your notes, support from representative entities would also be very relevant to the action. CRUESP has no intention of arguing with the unions on an issue of such importance for the future of public universities in the State of São Paulo.
Campinas, December 2, 2019
Council of Rectors of São Paulo State Universities (Cruesp)
====
Read note on direct unconstitutionality action
