The Federal Supreme Court (STF) formed a majority, this Friday (6), to deny an appeal presented by the former president’s defense Jair Bolsonaro (PL)which called for the removal of the minister Alexandre de Moraes of the rapporteur of the inquiry investigating an alleged attempted coup d’état in Brazil, in 2022.
According to Bolsonaro’s defenders, Moraes should be prevented from analyzing the case because he is, in theory, “a party or directly interested”.
The request from the former president’s lawyers has as rapporteur, in the Court, the president of the STF, minister Luís Roberto Barroso. The trial, which takes place in the virtual plenary of the Supreme Court, began this Friday. Electronic voting will remain open until the 13th.
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The majority was formed shortly after 3 pm, with six votes against Bolsonaro’s appeal. Ministers Edson Fachin, Flávio Dino, Gilmar Mendes, Cristiano Zanin and Dias Toffoli followed the rapporteur’s vote, recording 6-0 on the scoreboard so far.
As Moraes is the target of the removal request, he declared himself prevented from participating in the vote. The votes of Cármen Lúcia, Nunes Marques, André Mendonça and Luiz Fux are still missing.
According to the request’s rapporteur, Luís Roberto Barroso, the thesis of Bolsonaro’s defense to exclude Moraes from the case is not sustainable.
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“The simple allegation that minister Alexandre de Moraes would be a victim of the crimes under investigation does not lead to the automatic impediment of his excellence from reporting on the case, even because the crimes of violent abolition of the Democratic Rule of Law and attempted coup The State has the entire collective as its passive subject, and not an individual victim”, noted the judge.
The inquiry
The so-called “coup investigation” investigates an alleged attempted coup d’état at the end of 2022, still during Bolsonaro’s government, with the aim of preventing the inauguration of the then elected president, Luiz Inácio Lula da Silva (PT).
for involvement in the alleged coup attempt. The former president was indicted for the crimes of violent abolition of the Democratic Rule of Law, coup d’état and criminal organization.
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Also indicted were generals Augusto Heleno, former minister of the Institutional Security Office (GSI); and Walter Braga Netto, former Minister of the Civil House and Defense and candidate for Vice President of the Republic in the 2022 elections.
Among the 37 indicted are also federal deputy Alexandre Ramagem (PL-RJ), former head of the Brazilian Intelligence Agency (Abin) in the Bolsonaro government, and Valdemar Costa Neto, national president of PL, the party of the former president of the Republic .
which will decide whether to file a complaint, close the case or request new measures.
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In the alleged coup plot, those involved are accused of having planned the assassination of Lula, the vice president Geraldo Alckmin (PSB) and Alexandre de Moraes. .
