The minister, of the (Supreme Federal Court), has not encountered barriers in the court to define the progress of the rumored processes under his report.
It will be up to him to decide whether the coup plot case will be judged by the full plenary or by the First Panel, which brings together only part of the ministers.
There has also been no space in the court to discuss the minister’s suspicion in cases in which, in addition to being a judge, he is also a party.
Moraes was the main character in his own decision that authorized the operation that arrested suspects of planning the death of Lula (PT), Geraldo Alckmin (PSB) and Moraes himself. They were . The final investigation report.
Although Moraes was, according to investigations, one of the main targets, the matter is delicate for all ministers. But the defense of the rapporteur’s stay is seen as a defense of the court itself.
Behind the scenes, the rapporteur has been talking about taking the discussion to the First Panel of the court, a collegiate with 5 ministers, and not to the full plenary, with 11. The option has not, so far, caused discomfort or internal discussion, just occasional discomfort — only one minister complained about the idea, according to reports collected by the Sheet.
In the group that Moraes is part of, there are no complaints. The president of the court, Luís Roberto Barroso, stated this Wednesday (27) that the analysis in the smaller collegiate is natural.
“The natural judgment of these matters is the First Panel. The exceptional thing would be to go to the plenary. If the rapporteur and the Panel 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 is within the jurisdiction of the Presidency”, he said.
If the case is concluded in the class, so-called infringing embargoes are only applicable if two of the five ministers are unsuccessful — a type of appeal for when the decision is not unanimous and which can take the case to the plenary.
At the beginning of September, Moraes also sent the decision to suspend X (former) in Brazil to the group for a referendum. At that moment, a wing of the Supreme Court was angered because it understood that a decision of that magnitude should be analyzed by the entire court.
A in confirmation of the takedown. Behind the scenes, it was said that the minister sought an environment in which he had the security of being supported by all his peers. There, in addition to Moraes, are Flávio Dino, Cristiano Zanin, Cármen Lúcia and Luiz Fux.
In the other group are the ministers appointed to the STF by the former president (): and .
Both have disagreed, in whole or in part, with other decisions by Moraes that deal with issues related to supporters of the former president, such as the lawsuits over the attacks on January 8, 2023. Gilmar Mendes, Dias Toffoli and Luiz Edson Fachin are also part of the composition.
Now, the argument that motivated the discontent would be the same: a case that deals with a possible coup d’état should be evaluated by the 11 ministers. Most judges, however, understand that it is in the class that the case should be processed — even so as not to block the plenary session, precisely because of the size of the process.
The reading of ministers and assistants heard by the Sheetsubject to reservation, is that it should take place next year. This would be important to prevent it from dragging on until the 2026 presidential elections.
There is still no formalization regarding the fate of the case in court. This will only happen after the complaint from the (Attorney General’s Office) is sent to the Supreme Court. The highest body of the Public Ministry, under the command of , may request further investigations from the PF.
From there, the minister will instruct the process, set a deadline for the defenses to comment and release it for trial. It is at this moment that Moraes’ option will become official.
Another possibility is for the minister to schedule the analysis of the receipt of the complaint for the class and the judgment on the merits for the larger plenary.
In general, the ministers still have fresh memories about the impact of the Mensalão trial on the court’s agenda. In 2012, the case paralyzed the plenary agenda for months, in 53 sessions.
As a result, in 2014 the groups began to analyze criminal and legal issues as a function prerogative. With the emptying of Lava Jato, investigations and original criminal actions returned to the plenary.
At the end of 2023, another change occurred and the competence of the classes was reestablished, again, to reduce the plenary overload. Now it is up to the rapporteur to define the path of the case.
For now, it is possible that even the indictments have not ended.
This Thursday, the dean stated that the PF may indict more suspects. This is because military personnel targeted by the PF operation last week still have to give more statements. Investigators are trying to identify at least others.
Bolsonaro militants and politicians claim that the minister should not be at the forefront of processes, such as the January 8, 2023 attacks and the plan to kill authorities, as he is one of the alleged victims of the coup plotters, given the discovery of plans to kill him. it. In September, opposition parliamentarians filed a complaint against the minister.
