In starting the interrogation of General Walter Braga Neto, former Minister of Defense, the rapporteur Alexandre de Moraes fulfilled the procedure provided for in the Code of Criminal Procedure:
AM – Have you ever been arrested or prosecuted?
BN – I’m stuck, excellence.
Am – Fora this time …
BN – Out this time, no, sir …
AM – I know you are (arrested), I decreed.
The dialogue recalls experience narrated years ago by Homar Cais, former president of TRF-3 (Federal Regional Court of the 3rd Region), with the reversal of the characters.
In an interrogation, Cais asked if the defendant had already been arrested.
Answer: “I was condemned by your majesty.”
In a cordial mood, with a good mood, revealing incidents caused by the defendants’ attempts to present fanciful versions for previously admitted facts and narrated in the complaint, and the nervousness of some young lawyers.
Experienced judges often leave the interrogated attempt to offer their versions and reasons, for the benefit of justice, interrupting lawyers in misplaced interventions.
In 2019, it came to light, in a session of the Supreme Court, the question of treatment due to ministers when Marco Aurélio Mello embarrassed two young lawyers.
Mello did not take into account that the first warned lawyer had stated “to you, excellence.”
He returned to the intervention of the presidency again.
“President, again another lawyer is addressed to court members as ‘you’? You have to observe the liturgy. She is a teacher …”
The young lawyer apologized: “I ask you to do your excellence. It was nervous. I apologize, that’s what I have to do at the moment.”
In 2018, the judge, of the Rio Grande do Sul Court of Justice, criticized in this blog issue of order raised by Mello in the session where the STF would decide whether Lula could be arrested or not.
The minister had to be absent, with flight scheduled for Rio de Janeiro where he would receive a tribute the next day.
Also invoking private commitments, Minister Ricardo Lewandowski said he had to be absent.
“I will not analyze here the disrespect for the Supreme Court’s Rules of Procedure that, the judgment of a habeas corpus, it cannot be interrupted,” Fabrício wrote.
“Where is the principle of public interest supremacy? Where is the awareness of the ministers with the position they occupy? Do not both have the discernment that the toga who are wearing (even if by political indication) requires responsibility and posture?
In short, this is the supreme fiasco, expressed and synthesized in the sad figure of Minister Marco Aurélio Mello, smiling and showing proof of check-in. “
The minister did not contest, at the time, the judge’s article.
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