The plenary of the (Federal Supreme Court) formed a majority on Wednesday (19) against requests to, and the trial of the scammer plot of 2022.
The ministers analyze resources from the defenses of the former president (PL), the former minister and the general, who request the suspicion or impediment of the three ministers.
The trial, in virtual plenary, began this Wednesday and ends at 11:59 pm on Thursday (20). The president of the Supreme, Minister Luis Roberto Barroso, rapporteur of the case, voted against the removal of the ministers and was accompanied by Gilmar Mendes, Alexandre de Moraes, Cristiano Zanin, Flávio Dino, Dias Toffoli, Edson Fachin and Cármen Lúcia.
André Mendonça and Nunes Marques, nominated for Bolsonaro, and Minister Luiz Fux.
The Supreme Court judges four different resources that ask for the removal. Dino, Zanin and Moraes declared themselves prevented from voting in the processes in which they are targets. The Attorney General of the Republic, manifested himself against the requests of the defenses.
The lawyers ask Dino’s impediment for having filed a criminal complaint against Bolsonaro in the Supreme Court in January 2021, a lawsuit still open.
In the case of Zanin, the lawyers say the minister served on Lula’s presidential campaign and signs a court investigation request against the former president.
In the case of Moraes, Braga Netto’s defense says that the minister would be one of the victims of the 2022 scammer plans, according to the PGR, which would make him a direct interested in the process.
Barroso, in his vote, said that the appeal of the defenses of the three investigated does not bring news about the requests for removal already rejected by him.
“Without disregarding the arguments presented by the defense, and considering that the facts narrated in the initial petition of this impediment argument are not supported by any of the causes provided for in the exhaustive list of Art. 252 of the CPP [Código de Processo Penal]there is no way to welcome the present appeal, “says Barroso in the lawsuit against Zanin.
The president of the Supreme also says that the request for suspicion of Moraes should not prosper because it does not clearly and objectively demonstrate the bias of the minister in the process.
“Generic allegations in the sense that the defendant authority would be in the condition of ‘capital enemy’ of the applicant [Braga Netto] do not lead to automatic recognition of suspicion. “
The Supreme First Class scheduled a date to analyze the receipt of the complaint against three of the five groups accused by PGR.
The definition of the central nucleus, consisting of Bolsonaro and seven others, will take place on March 25 and 26; The military core – which includes General Estevam Theophilo, ten military personnel and a federal policeman – will be taken to the STF on April 8 and 9.
Zanin chose April 29 to receive the complaint of the core accused of making actions for the coup plot. The group is integrated by Silvinei Vasques (former chief of the PRF), Mario Fernandes (General of the Reserve Author of the Green and Yellow Dranhal Plan) and another four.
Barroso, who had already denied the suspicion of the ministers on February 28, highlighted in the decision the insistence of the lawyers to dismiss the Supreme Court. “I record that this is the fourth opportunity in which the applicant’s technical defense presents impediment arguments to this Court,” he said.
In marking the judgment of requests for impediment and suspicion to this Wednesday, the president of the Court sought to ensure that the first class of the Supreme meets next week with the security of a final decision of the plenary on the subject.
Even if there is a request for view or prominence – when the case is taken from the virtual environment to be appreciated in person – there should be no impact on the judgment schedule of the complaint.
This is because, according to assistants of ministers, the type of appeal presented by the defenses has no suspensive effect – in that, Barroso’s decision will continue valid even with a view or prominence.
When requesting the removal of ministers, the defenses seek to change the composition of the first class of the Supreme ,. The board is made up of Moraes, Carmen, Zanin, Dino and Fux.
The Supreme Plenary has already judged Bolsonaro’s request in December to take Moraes from the rapporteur of actions on the attempted coup d’état of 2022. Only André Mendonça was favorable to the removal of his colleague.
He said he understood that Moraes would be one of the victims of the crimes investigated by the Federal Police. “
Nunes Marques, in turn, was against the removal of Moraes. “From this perspective, I do not see characterized, in kind, the legal interest to justify the reception of the present argument,” he said.
(Attorney General’s Office) by articulating a coup d’état after the election of Lula (PT) in the 2022 presidential elections.
All are accused of the same crimes: attempted violent abolition of the Democratic Rule of Law and coup d’état, damage qualified by violence and serious threat against union assets, deterioration of listed heritage and participation in armed criminal organization.
The complaint was divided into five slices, according to the participation of each group in the plot, according to PGR.
The first class of the Supreme analyzes on Tuesday (25) the receipt of the complaint against the crucial core, composed by Bolsonaro, Braga Netto, Alexandre Ramagem (Federal Deputy and former Chief of Abin), Almir Garnier (former commander of the Navy), Anderson Torres (former Minister of Justice), Augusto Heleno (former GSI minister), Mauro Cid (former Minister Bolsonaro) and Paulo Sérgio Nogueira (former Minister of Defense).
