STF Minister rebuts the former president’s defense and says that request for removal is “surprising” and without legal basis
The Supreme Court Minister Flávio Dino stated on Friday (28.FEV.2025) that there is no reason for his impediment in the judgment of the coup attempt to keep (PL) in power after the defeat to (PT) in the 2022 elections.
In a letter sent to the president of the Supreme Court, Luís Roberto Barroso, Dino countered the request of the defense of the former president, who questions his impartiality in the case.
In the document, Dino stated that he has favored favorably the theses defended by Bolsonaro in previous judgments, without his participation. For him, the defense request was made in a “Surprising and violating a kind of logical preclusion”.
The minister also stressed that, during his administration at the head of the Ministry of Justice and Public Security, he did not directly acted in investigations into the acts of January 8, 2023. According to him, his function was restricted to the administrative supervision of the PF (Federal Police), without interference in surveys.
“However, there are no reasons for the declaration of my impediment. In addition to the logical impossibility already underlined, it should be remembered that we are in the case of criminal demand, and it is unable to invoke the incidence of impediment hypothesis provided for in the Code of Civil Procedure, by expanding interpretation ”justified.
Impediment request
On Tuesday (25.FEV), Bolsonaro’s defense filed a petition in the Supreme Court asking Dino and Minister Cristiano Zanin to be prevented from judging the complaint. The lawyers argue that Dino filed a criminal complaint against Bolsonaro as he was minister of justice at the beginning of the Lula administration.
Regarding Zanin, the defense claims that, before joining the Supreme Court, he served as a lawyer for Lula’s campaign and moved actions against Bolsonaro’s plate in the 2022 elections.
On Thursday (27.FEV), Zanin also sent a letter to the president of the Supreme claiming that there was no reason for his impediment. The final decision on the requests will be up to Barroso.
Judgment
The questions against Dino and Zanin were directed to the 1st class of the Supreme Court, responsible for the trial of the complaint against Bolsonaro and 33 others accused of involvement in the attempted coup. The board is composed by the rapporteur of the case, Alexandre de Moraes, as well as Dino, Zanin, Carmen Lúcia and Luiz Fux.
By the Supreme Court regiment, criminal actions are analyzed by the Court classes. As Moraes is part of the 1st Class, the case will be tried by this group.
If most ministers accept the complaint, Bolsonaro and the other accused will become defendants and will respond to a criminal case in the Supreme Court. The date of the trial has not yet been set, but it is expected to be held in the first half of 2025.
With information from .
