The majority of ministers of the Federal Supreme Court (STF) voted to reject an appeal by former president Fernando Collor de Mello, and maintain the sentence of eight years and ten months in prison imposed on the politician.
So far, the rapporteur, Alexandre de Moraes, and the ministers have voted to reject the appeal:
- Edson Fachin,
- Flavio Dino,
- Carmen Lucia,
- Luís Roberto Barroso,
- and Luiz Fux.
Ministers Dias Toffoli and Gilmar Mendes voted in favor of reducing the sentence to 4 years in prison, responding – in part – to the appeal presented by the defense.
Cristiano Zanin declared himself unable to judge the case.
Nunes Marques and André Mendonça still have to vote.
The Court analyzes the case in a virtual plenary session, which began on November 1st and ends on November 11th. In the format, there is no debate between the magistrates, who present their votes in an electronic system.
In his vote, Moraes said that the appeal sought to “rediscuss points already decided” by the STF in the judgment of the action, “invoking grounds that, under the pretext of seeking to remedy omissions, obscurities or contradictions, reveal mere non-conformity with the adopted conclusion”.
A CNN tries to contact Collor’s defense regarding the majority formed.
Conviction
In May 2023, the STF sentenced Collor to prison for the crimes of passive corruption and money laundering in a scheme involving BR Distribuidora. The case dealt with bribes received by the then senator to make contracts with the state-owned company viable.
In addition to the prison sentence, the conviction established payment of a fine, compensation and prohibition from performing public functions. According to the decision, the sentence would be served under an initial closed regime.
Collor will only be arrested when there are no more possibilities for appeals and the process is closed, if the Court does not reassess the points of conviction raised by the defenses.