Criminal lawyer Celso Vilardi, professor of Criminal Law at Fundação Getulio Vargas (FGV), said that the judgment of the investigation into the alleged attempted coup d’état should be analyzed by the plenary of the Federal Supreme Court (STF) and not just by the first class of the Court, made up of 5 of the 11 magistrates. According to Vilardi, the complexity of the case justifies a collective decision.
“Given the scope of the case, I think it would be better for it to be judged by the plenary of the Federal Supreme Court”, he warned.
This Wednesday (27), Minister Luís Roberto Barroso, president of the STF, minister Alexandre de Moraes, and the other members of the group.
“The natural judgment on these matters is the first class, the exceptional thing would be to go to the plenary. If the rapporteur and the first group decide to send it to the plenary, it will go to the plenary, but the competence is theirs and, therefore, it is not even a matter that falls under the jurisdiction of the presidency”, he declared.
Despite defending the analysis of the inquiry by the 11 Supreme Court ministers, .
“Unlike most of my colleagues, I do not understand that Minister Alexandre de Moraes is prevented from doing so. The case is not just a threat to a specific minister, but rather an attempted coup against the Rule of Law as a whole”, he highlighted.
The lawyer, who worked in several Operation Lava Jato cases, also raised questions about the possible impeachment of other ministers, such as Flávio Dino, if they are identified as targets in the coup plot.
“If ‘Juca’ is another minister too, will the other minister be prevented?” asked Vilardi, referring to mentions made in the investigations.
Noin addition to planning the assassination of president Luiz Inácio Lula da Silva (PT), vice-president Geraldo Alckmin (PSB), and minister Alexandre de Moraes, a “brown imminence” is cited over the president, codenamed “Juca” , which remains unidentified.
“If the coup were completed, does anyone think the Supreme Court would be working? There is an issue here of a ‘war of narratives’ and part of the country is trying to discredit the Federal Police”, pointed out the lawyer.
Vilardi said he was surprised by the information gathered by the PF and stated that he did not expect to experience a situation of such magnitude.
“I was born in 67, I wasn’t in 64 [1964, ano de início da ditadura militar]I didn’t think I would experience this. I am appalled by the seriousness of the case and the evidence that was brought by this report”, he concluded.