The (Federal Supreme Court) scheduled the beginning of the trial of the former president’s appeal () for December 6th, which aims to remove the case from the rapporteur.
Bolsonaro seeks to declare the magistrate prevented from reporting, acting and judging the case, and must pass it on to another rapporteur. According to the former president’s defense, the minister acknowledged being a victim of the episodes under investigation, which would prevent him from making decisions as he was involved in the investigation.
The analysis of the action will take place in a virtual plenary session, that is, without physical interaction between the ministers, who cast their votes in the Supreme Court’s digital system. One of the members can request a review — more time for analysis —, or a highlight, taking the case to the plenary.
The appeal had already been denied in February due to a monocratic decision by the president of the court, minister. “The facts narrated in the initial petition do not characterize, in the slightest, the legal situations that make it impossible for the defendant authority to exercise jurisdiction,” he wrote.
According to the president of the STF, “there was no clear demonstration of any of the reasons justifying impediment, provided for, exhaustively, in the governing legislation”.
The court’s tendency is to maintain understanding and the case.
The (Attorney General’s Office) agreed with Barroso’s understanding in a statement dated March 11. He stated that Bolsonaro’s defense did not present arguments to prove the thesis that Moraes was involved in the investigation.
He argued that the action does not have an individual victim, since , like , and the electoral system, discrediting it.
“In the appeal, it is limited to stating that ‘the Honorable Minister Rapporteur –now the accused authority– sees himself and thus describes himself as a direct victim of the conduct investigated’, without noting that the conduct investigated has the collective as a passive subject, not a individual victim”, concludes the Prosecutor’s Office.
