STF Minister says the decision of the House does not affect other defendants or crimes committed before the diploma
The Supreme Court Minister Cristiano Zanin voted on Friday (9.MAI.2025) for the partial suspension of the criminal action against the deputy (PL-RJ) for attempted coup. The president of the board accompanied that of the rapporteur, Minister Alexandre de Moraes. To date, there are 2 votes to overthrow the decision that benefits the congressman.
There are still 3 ministers: Flávio Dino, Luiz Fux and Cármen Lúcia. The collegiate has until next Thursday (13.MAI) to deposit his votes in the virtual plenary. If one of them follows the votes of Moraes and Zanin, most will be formed and the suspension of the action, confirmed.
Zanin understands that the decision of the Chamber, under analysis by the Virtual Plenary of the 1st Panel of the Court, should only be valid for branch and only the crimes committed between the diploma and the end of his mandate. Read the vote (PDF – 114 KB).
“I understand that Resolution No. 18/2025 of the House of Representatives must stick to the requirements of the constitutional text, so that its application must produce effects regarding criminal offenses committed by parliamentary after its diplomation. As exposed, immunity does not apply to non-parliamentary or infractions before diploma.”concluded Zanin.
With this, the minister agrees with Moraes that branch continues to be responsible for the crimes of armed criminal organization, violent abolition of the democratic rule of law and attempted coup.
The 1st Panel of the Court analyzes the decision of the Chamber of Deputies to fully suspend the criminal action against branch. The trial occurs after the mayor, (Republicans-PB), send a letter to the Court, communicating the approval of the project at the House, last Wednesday (7.MAI).
Ministers Flávio Dino, Luiz Fux and Cármen Lúcia is still to vote. The collegiate has until next Thursday (13.MAI) to deposit his votes in the virtual plenary.
Zanin also stressed that the full suspension of the criminal action would produce “Non -desirable effects” if it were applied to the corridors, since even without the “Material Immunity”would have the process interrupted as long as the mandate of branch lasted.
Therefore, it votes for the other defendants of the “Núcleo Crucial” of the criminal organization continue to respond for all crimes. In addition to branch, the former president (PL) is also part of the group. Here’s the other members:
- Almir Garnier, former Navy Commander;
- Anderson Torres, former Minister of Justice;
- Augusto Heleno, former minister of GSI (Institutional Security Office);
- Mauro Cid, former Bolsonaro orders of orders;
- Paulo Sérgio Nogueira, former Minister of Defense; and
- former minister of the Civil House and candidate for vice president in 2022.
