The (Supreme Federal Court) requested the former president () to remove those dealing with the attempted coup d’état of 2022 and the undemocratic acts of January 8, 2023.
In February, the president of the court, minister, had already denied the request, which is now going to the virtual plenary. The session is open until next Friday (13) — in this environment, there is no interaction between the ministers, who cast their votes in an electronic system.
In addition to Bolsonaro’s request, another 191 requests from defendants in related cases were denied by the president of the STF. Everyone followed the same line of argument, according to which the judge’s impartiality is compromised because he is also identified as the target of the coup plot.
The expectation regarding the analysis of the request by the board is that it will be rejected again.
There is no space in the court to discuss suspicion or impediment of the minister in processes in which, in addition to being a judge, he is also a party. to define the progress of the rumored processes under his report.
Although he was, according to investigations, one of the main targets, the matter is delicate for all ministers. The rapporteur’s stay, however, is seen as a defense of the court itself.
The former president’s lawyers filed an action called an impeachment argument, used to remove the magistrate who would direct the process, based on the causes of suspicion and impediment.
When rejecting the defense’s attempt to change the report of the case, on February 20, Barroso stated that the facts narrated do not characterize, in the slightest, the legal situations that would make it impossible for the minister to act.
According to the president, there is a consolidated understanding regarding the need to demonstrate, in an objective and specific way, that the situation falls within the rules of impediment and suspicion provided for in the CPP (Code of Criminal Procedure).
“Generic and subjective allegations, devoid of legal basis, are not enough,” said Barroso.
The defense presented the action on February 14, days after carrying it out in , on the coast of Rio de Janeiro.
“Both the content of the representation and the decision undoubtedly reveal a narrative that places the reporting minister in the role of central victim of the alleged actions that were the subject of the investigation, highlighting several action plans that directly targeted him”, they say the lawyers.
The petition states that, throughout the 135 pages of the decision, there are more than 20 mentions of Moraes, as well as episodes that expose the magistrate’s vulnerability as a result of monitoring and the plan drawn up by those investigated, “outlining a context that makes it evident and strongly questioned his objective and subjective impartiality to decide in these cases, given his position as a victim“.
The most recent documents included in the process reinforce the target position that those involved attributed to the magistrate.
On November 19, the PF launched an attack against four military personnel and a federal police officer suspected of developing a plan to kill the then-elected president, (), the vice-president, (), and the minister.
In the case of Moraes, the police representation sent to the STF states that the suspects, in addition to mentioning poisoning, .
The minister was the main character in his decision that authorized the PF operation that arrested those suspected of planning the deaths. They were in the document. The final investigation report.
In the case file, the (Attorney General’s Office) agreed with Barroso’s understanding in a statement issued on March 11th. 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”, he concluded.
