The defense of the former president appealed on Monday (10) of the decision that denied the requests to declare the ministers of the Supreme Federal Court (STF) Flávio Dino and Cristiano Zanin.
In the appeal, Bolsonaro lawyers ask the case to be tried by the court plenary, a collegiate graduated by the 11 ministers, including André Mendonça and Nunes Marques, appointed to the court during the Bolsonaro government.
Last month, the request to remove Dino and Zanin from the trial was rejected by the president of the Supreme Court, Minister Luís Roberto Barroso, who understood that the situations cited by Bolsonaro’s defense are not legal impediments against the performance of the ministers.
The defense of the former president claims that Flávio Dino filed a criminal complaint against Bolsonaro when he held the position of Minister of Justice and Public Security in the first months of the government of President Luiz Inacio Lula da Silva.
In the case of Zanin, the former president’s defense says that before arriving at the court, the minister was a lawyer of Lula’s campaign and filed a lawsuit against Bolsonaro’s plate in the 2022 elections.
Judgment
In the same appeal, Bolsonaro’s defense asks that a matter of order to be raised for the court plenary to decide whether to judge the case.
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The impediment actions were directed to Flávio Dino and Cristiano Zanin because they are part of the first class of the Supreme, collegiate who will judge the complaint against Bolsonaro.
The class is composed by the rapporteur, Alexandre de Moraes, and the ministers Flávio Dino, Cristiano Zanin, Cármen Lúcia and Luiz Fux.
Under the Court’s Rules of Procedure, it is up to the two classes of the Court to judge criminal proceedings. As the rapporteur is part of the first class, the prosecution will be judged by the board.
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If most ministers accept the complaint, Bolsonaro and the other accused have become defendants and respond to a criminal case in the Supreme Court.
The judgment date has not yet been set. Considering the legal procedures, the case can be tried in this first half of 2025.
