The president of the Federal Supreme Court (STF), Luís Roberto Barroso, stated this Wednesday (27) that a possible trial on the investigation investigating the alleged attempted coup d’état in 2022 should take place in the First Panel of the Court.
On the 21st, the Federal Police indicted former president Jair Bolsonaro (PL) and 36 other people. The police authority’s report was forwarded to the Attorney General’s Office (PGR) by the case’s rapporteur, Minister Alexandre de Moraes.
It is up to the PGR to decide whether to report those being investigated, request further action or close the case. Barroso highlighted that the competence to analyze the case lies with the collegiate, since the rapporteur of the process, minister Alexandre de Moraes, is part of the First Panel.
The president of the Court said that, in this case, a plenary trial would be “exceptional”. “The natural judgment on these matters is the First Panel. The exceptional thing would be to go to the plenary. If the rapporteur [Moraes] and the First Panel understands that it is the plenary, it goes to the plenary. The competence is theirs, and it is not a matter that falls under the jurisdiction of the presidency”, he stated.
How STF Classes are formed
The plenary is formed by the 11 ministers of the Court, while the collegiates have five ministers each. According to the internal regulations of the STF, it is up to the two groups to judge original criminal actions (APs) against some of the authorities with jurisdiction in the Court.
Participate in First Tuma ministers Alexandre de Moraes, Cármen Lúcia, Luiz Fux, Flávio Dino and the president of the collegiate, Cristiano Zanin.
I and Second Class is formed by ministers Edson Fachin (president), Gilmar Mendes, Dias Toffoli, André Mendonça and Nunes Marques. The president of the Court does not participate in the collegiate bodies. In this way, the majority is achieved with three ministers. In the plenary, the majority is formed by six votes.
The STF goes into recess on December 20th and work will only resume on February 1st, 2025. As a result, the expectation is that the PGR will forward any possible complaint next year.
