The minister, of the (Supreme Federal Court), spoke on Monday (28) against the immediate arrest of De Mello. In the same vote, he defended the reduction of the penalties of the convicted by the coup attacks of 8 January 2023.
The execution of the sentence was decreed by the minister after analyzing that appeals against the conviction of the former president in action from Lava Jato sought only to delay the execution of the sentence. By 6 votes to 4, the STF upheld the decision.
Most of the board denied Collor’s defense request for the understanding that the appeal was only delaying, that is, used to avoid serving the penalty without further arguments.
André Mendonça opened divergence, and was accompanied by Gilmar Mendes, Luiz Fux and Kassio. This current defended the type of appeal analyzed, for cases where criminal actions are being processed only in the Supreme.
For them, the case law of the Supreme Court allows new appeals when the previous ones had at least four votes overdue, favorable to the defense. Kassio went further.
“In numerous criminal actions regarding the sad and unfortunate events of January 8, 2023, I exceptionally recognized the appropriateness of the embargoes, although 4 (four) absolute votes of their own were not delivered in the judgments,” he said.
“In the context of these actions, in which the need to reduce the fixed penalties, I concluded that infringing embargoes should be admitted,” the minister said.
Kassio also stressed that it would be up to the Plenary to conclude the issue, without possible, before that, the res judicata of the case, as Moraes did to determine Collor’s arrest.
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