The Federal Supreme Court (STF) scheduled the judgment of an appeal presented by the former president for December 6th. Jair Bolsonaro (PL) who tries to remove the minister Alexandre de Moraes of the report on the case involving the alleged 2022 coup plot.
Bolsonaro’s objective is to remove Moraes, claiming that he is an interested party in the process and would be prevented from acting, reporting or judging the case. Transferring responsibility to another rapporteur would be the solution, in the assessment of the defense of the former head of the federal Executive.
The analysis will take place in the virtual plenary, where Supreme Court ministers register their votes in an electronic system, without face-to-face meetings. At the trial, there is the possibility of a request for review, for more time for evaluation, or for highlighting, which would take the case to the physical plenary.
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The request was filed in February this year, during the first operations of the Federal Police (PF) related to the investigation of an attempted coup. According to the former president’s defense, the minister admitted to being a victim of the events under investigation, which, in the lawyers’ view, would compromise his impartiality as he was directly involved in the investigation.
Still in February, this appeal had already been denied by Minister Luís Roberto Barroso, president of the Court, in a monocratic decision. “The facts narrated in the initial petition do not characterize, in the slightest, the legal situations that make it impossible for the accused authority to exercise jurisdiction”, stated Barroso, at the time.
The Attorney General’s Office (PGR) also expressed agreement with Barroso in an opinion issued on March 11. The PGR argued that Bolsonaro’s defense did not present sufficient elements to prove that Moraes would be directly impacted in the case.
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According to the agency, the action does not have an individual victim, as the attacks investigated target institutions such as the Judiciary and the electoral system, aiming to discredit them.
“In the appeal, he simply states that ‘Ilmo. 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 an individual victim”, concluded the PGR.
Bolsonaro’s defense then appealed and the case will now be analyzed by the other ministers of the Court. The action in the virtual plenary will be judged between December 6th and 13th. The expectation in the STF is that Moraes’ report will be maintained and the previously established understanding will be confirmed.
