Defense of the former president argues that ministers cannot judge him and asks the request to be analyzed in the plenary of the Supreme Court
The defense of the former president (PL) appealed on Monday (10.mar.2025) of the decision that denied the requests to declare the ministers of the (Supreme Federal Court) Flávio Dino and Cristiano Zanin prevented from judging the complaint about the coup plot.
In the appeal, Bolsonaro lawyers ask the case to be tried by the court plenary, a board of course, 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 by the Supreme Court President, 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 whom Flávio Dino filed a criminal complaint against Bolsonaro when he held the position of minister of the first months of the president’s government (PT).
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.
The impediment actions were directed to Flávio Dino and Cristiano Zanin because they are part of the 1st 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 2 classes of the Court to judge criminal proceedings. As the rapporteur is part of the 1st class, the accusation will be judged by the board.
If most ministers accept the complaint, Bolsonaro and the other accused will be defendants and respond to a criminal action 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.
With information from.
