An “unconstitutional” Constitutional Court?

3. Because there was no shortage of voices fighting for the extinction of the TC, accusing it of being nothing other than a “partisan” court, therefore an “unconstitutional” court, and it would be preferable for its functions to be transferred to the STJ.

Não se esconde que o TC, na qualidade do seu trabalho, já não é o que era. However, this is not enough to extinguish it, especially because the problem that would justify this extinction would persist if the inspection of the constitutionality of the laws remained in the STJ and, even, with aggravated risks.

First of all, censorship regarding the politicization of the TC’s activity is minimal in the few rulings in which this occurs and, even if it existed, there would always be a weak argument for its elimination, as weak was the argument for extinguishing the SEF, just because a Ukrainian died at the hands of its agents at Lisbon airport.

Worse than that is the result that this option determines the disappearance of a transparent and open parliamentary process, with public hearings (which should also be held for co-opted judges), in their selection, in which the pluralism of the world views that each judge holds is guaranteed.