The plenary of the Supreme Court (Supreme Court) judges from Wednesday (19) if the ministers, and may participate in the processing and judgments of the case of the coup plot of 2022. However, there is no expectation that the requests of the defenses of those involved are accepted.
The president of the Court had already denied the requests on February 28, when he stressed the insistence of the lawyers. “Before analyzing the request, I record that this is the fourth opportunity in which the applicant’s technical defense has impediment arguments to this Court.”
As the decisions of the last month were also the subject of contestation, Barroso then marked an extraordinary session for the Plenary of the Court to analyze the theme. The session will be made through the virtual plenary – remote environment where ministers deposit vows and there is no possibility of interaction between them – starting at 11am this Wednesday and ending at 11:59 pm Thursday (20).
In the evaluation of people close to ministers, even if there is a request for a view or prominence-when the case is taken from the virtual environment to be appreciated in person-there is no impact on the judgment of the complaint scheduled for next Tuesday (25) because the type of appeal presented, appeal, has no suspensive effect-in that, Barroso’s decision will remain valid.
The perspective is that the collegiate keep the position given here in the theme, almost unanimous.
Ministers Kassio Nunes Marques and André Mendonça are the only ones who have diverged from Moraes in the case of scammer acts of January 8, 2023. Kassio, however, has already manifested the maintenance of the process in the Moraes Office. According to interlocutors, he must be consistent with his positions on the subject.
At other times ,. The Court judged the article last December, also in virtual session. Barroso, rapporteur of the action, voted for rejection and was followed by ,,, and on the first day. On the 10th, Luiz Fux joined the majority.
Kassio and Mendonça have waited the last hours to include their votes.
According to Mendonça’s vote, there are elements in the process that show Moraes as a victim of the crimes. “In finding that the eminent defendant minister would directly and immediately suffer serious and tangible consequences, such as prison-even death-if the reported intentions of the investigated were carried out, it seems to me to be ‘directly interested’,” he said at the time.
Kassio stated in his vote that the judge’s impediment is characterized if he, or the persons linked to him, has a direct interest in the outcome of the process. “From this perspective, I do not see, in the kind, the legal interest, justify the reception of the present argument,” he said.
Now, the court declares Zanin and Dino, both nominated by the Court by President Lula (PT), prevented from participating in the analysis of the case of the attempted coup.
The general’s lawyers ask the suspicion of Moraes to report the case as a result of the summons of and thus want a new rapporteur, and that of the general is against Dino’s performance in the case because he was Minister of Justice of the Lula government.
Minister Barroso guided the issue, therefore, because the defenses filed an appeal against the monocratic decision of the presidency and for the discussion to have a conclusion before the judgment of the complaint (Attorney General’s Office).
Last Thursday, in a break of a few hours, Moraes, rapporteur of the case, sent the case to the first class, defining the analysis in person, and the president of the board, Zanin, marked the trial that can make defendants the former president and others reported.
Zanin highlighted three sessions for the analysis of the complaint, in the morning and afternoon of 25 and the morning of March 26.
Moraes, Dino and Zanin do not vote in this case. But they manifested at Barroso’s request before the negative given by him in a monocratic way.
In a letter sent to Barroso, Dino denied the impediment to act in the analysis of the processes. “Generic allegations of breach of impartiality are misleading, otherwise the interested party makes use of this relevant institute to choose by those who want to be judged,” he said.
Dino stated that the Supreme is composed of members appointed by five former presidents, including Bolsonaro’s nominations-“all with vast curriculum-including the exercise of political positions in different federal, state or municipal teams.”
Zanin too. The magistrate said he did not see previous personal performance related to the former president’s participation in the accusations contained in the complaint.
“I also do not see the presence of any of the legal hypotheses that configure the suspicion. Nor I have any negative feeling that may affect my performance as a magistrate in the case in question,” he added.
