STF Minister recognized, however, the impartiality of Cristiano Zanin, former lawyer of Lula, to judge former President Jair Bolsonaro
The Minister of (Supreme Federal Court) André Mendonça voted on Thursday (20.mar.2025) to to move away Magistrates Alexandre de Moraes and Flávio Dino of the judgment of the (Attorney General’s Office) on the attempted coup against the Former President (PL) and 7 other people.
to the court by Bolsonaro, Mendonça, however, considered the impartiality by Cristiano Zanin to judge the accused. He was the only magistrate to diverge from the majority to rule out requests for suspicion of the 3 ministers on the case. The score was 9 × 1 (Understand below). This is the full vote on (PDF – 107 kb).
The magistrate understood that Moraes You should not judge a case in which “criminal action involving plan for your arrest and death ”. Alleged “Loss of impartiality of the judge”. This is the full vote on (PDF – 119 kb).
Regarding Dino, he voted for his impediment due to one (Pet 9.401) driven by the minister in the court itself against Bolsonaro.
In another action, which requests the removal of Dino because of the performance as the Minister of Justice of the President (PT), Mendonça saw no reason to accept the request. Here’s the full 2 votesObre Dino ( – 358 kb and – 109 kb).
Other votes
The president of the 1st class, Cristiano Zanin, declared himself prevented from voting in the case, as well as Flávio Dino and Moraes-which is a rapporteur of the investigation that investigates an attempt to coup. Therefore, most graduated were 6 ministers, not 7 of the 11 magistrates.
Barroso was accompanied by Dino, Zanin and Moraes in actions that do not deal with his own impediments and magistrates Gilmar Mendes, Dias Toffoli and Edson Fachin in all 4 actions (two proposals by Bolsonaro).
Then Carmen Lúcia joined the majority formed in the 4 analyzes.
The trial of the impediment requests began at 11am on Wednesday (19.mar) and runs until 23h59 of this Thursday (20.mar).
In the sport, there is no discussion and the ministers only deposit their votes.
Virtual sessions usually start on Friday and last a week. However, Barroso marked extra sessions for the case, justified by the exceptional character of urgency
Judgment of the complaint
The 1st class now analyzes whether or not to receive the PGR complaint on March 25 and 26. The trial will define if former President Jair Bolsonaro and 7 others will become defendants for attempted coup and 4 other crimes (below).
Click and check out what argued the defense of each of the 8 that will be judged next week:
This is the crimes imputed to 8 and the penalties:
- violent abolition of the Democratic Rule of Law – 4 to 8 years in prison;
- coup d’etat – 4 to 12 years in prison;
- Integrate criminal organization with firearms – 3 to 17 years in prison;
- Qualified damage against Union’s heritage – 6 months to 3 years; and
- DECLARED OF HERITAGE – 1 to 3 years
Impediment requests
Bolsonaro’s lawyers requested Dino’s impediment on the grounds that the magistrate filed a criminal complaint against the former president when he held the position of Minister of Justice in the early months of the president’s government (PT). In Zanin’s case, the defense cites that, before arriving at the Court, the minister was Lula’s lawyer and filed a lawsuit against Bolsonaro’s plate in the 2022 elections.
Barroso, rapporteur of the action, already requests. He said there were no legal impediments against the performance of the 2 ministers. The former president, however, appealed.
There is also another appeal, requested by the lawyers of General Walter Braga Netto, who calls for the impediment of Moraes. The defense claims that the accusation of coup attempt involves the alleged attempted murder of the minister, who is also a rapporteur of the case and that he would therefore be impartial. Barroso also denied the request.
In December 2024, the plenary already maintained Moraes rapporteur of the coup investigation. Only André Mendonça was against.
The PGR also defended the rejection of resources on the last Friday (14.mar). The Attorney General of the Republic, Paulo Gonet, stated that the requests were “Generic” and did not present “Factical and legal situation” nova.
