The minister of the (Federal Supreme Court) defended this Friday (13) the court’s incompetence to judge the case of . The collegiate analyzes a criminal action against the former federal deputy for attacking the exercise of Powers, homophobia, slander and incitement to crime.
Second minister appointed by the former president (PL) to the STF, Mendonça opened the divergence against Jefferson’s conviction. There is already a majority of 9 new ones formed to condemn the former parliamentarian. All that’s missing is Kassio Nunes Marques’ vote.
In the vote, Mendonça recalls that the STF plenary received the complaint in June 2022. Afterwards, it decided that the case should be sent to the Federal Court in the Federal District because Jefferson no longer has jurisdiction due to his role.
After the attacks on January 8, 2023, however, the court understood that the facts were connected to the investigation of the coup plot, and the jurisdiction of the case returned to the Supreme Court.
At the time, Mendonça and Kassio were defeated when they voted to send the case to the Federal District Court.
This Friday, Mendonça defended the principle of natural judge — which defines who should judge each case.
“Such a guarantee provides the justice system with the objectivity and predictability necessary in the search for legal certainty and to avoid the risks of arbitrary acts. This is, therefore, an issue that is above the personality of any magistrate individually considered”, he said.
For the minister, there is still no connection between the facts cited in the criminal action and the investigations into the 2022 coup plot and the invasions of the Powers of January 8, 2023.
“It is not even remotely possible to say that, when the alleged crimes alleged against the defendant were committed here, in May and July 2021, it was objectively possible for him to predict the events of 01/08/2023”, he stated.
Jefferson’s phrases had as a backdrop, according to Mendonça, the Pandemic CPI and the requests for a printed vote would concern the acts of September 7th.
rapporteur of the case, proposed a sentence of 9 years, 1 month and 5 days in prison, in addition to R$200,000 in collective moral damages. Moraes also defined that, until the process is concluded, Jefferson’s political rights are suspended.
He was accompanied by Flávio Dino, Luís Roberto Barroso, Gilmar Mendes, Dias Toffoli, Cármen Lúcia and Luiz Fux.
voted for conviction, but proposed that the criminal action be analyzed and that Jefferson’s age would be a mitigating factor — he turned 71 in June. Luiz Edson Fachin aligned himself with this understanding.
The former congressman was one of Bolsonaro’s allies, who tried to distance himself from the former congressman after the episode in which Jefferson attacked a Federal Police vehicle, in October 2022.
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