The Federal Supreme Court (STF) discusses, on Friday (28), the expansion of the reach of the privileged forum of authorities in the Court. Most had already been hit for the change, but the trial had been suspended after Minister Nunes Marques’ sight.
Nunes Marques this morning reinforced the majority, who now have 7 votes. Along with him are ministers Gilmar Mendes (rapporteur), Cristiano Zanin, Alexandre de Moraes, Flávio Dino, Dias Toffoli and Luis Roberto Barroso.
Their understanding is that the forum by prerogative of function in the Supreme is valid, even after an authority leaves office. This forum is for crimes committed in the exercise of the position and due to the functions related to it.
Thus, all former autorities would have trial fixed in the Supreme Court, regardless of whether they are still in public office or not. The forum by prerogative of function reaches the President of the Republic, Vice-President, Ministers of State, Parliamentarians, Ambassadors and Members of other Courts, such as the Federal Court of Audit (TCU).
In the vote, Nunes Marques stressed that the decision “stabilizes the forum” and inhibits “delays, inefficiency and, at the limit, prescription”, with alternation of instances and courts that will analyze a case.
Magistrates Edson Fachin and André Mendonça diverged. The case analysis runs until next Friday, March 11.
