The ministers and, president of the (Supreme Court), discussed at the end of the plenary session on Thursday (14) after Fux loses the rapporteur of a court case.
The controversy came a day after the Supreme Court judged a resource that intended to contracts related to technology transfer operations.
Fux was the rapporteur of the process. The minister, however, was eventually a vote overdue at the main point of discussion of the appeal, which referred to the extent of the incidence of CIDE in addition to contracts involving technology.
The minister argued that this was a small part of his vote, and that the other items suggested in his report were unanimously followed.
“There was never this heterodoxy to withdraw from the rapporteur, overcrowded in part, the rapporteur,” Fux told Barroso. “I am not asking for a rapporteur, but I understood, with due respect and the tranquility that I speak to the plenary, this manifestation as a completely dissonant manifestation of what occurred until then in the plenary.”
Barroso said he did not consider Fux’s complaint fair. He pointed out that, soon after the plenary was a majority, gave the option to the Minister-Report to readjust the vote so as not to be overcome.
“I could not even adjust for the sake of smoothness with the other colleagues who had accompanied me. I could not readjust the vote with respect to the colleagues who accompanied me,” Fux replied.
The minister also denied that Barroso had given the opportunity to remain as a rapporteur of the process. Outraged, the president of the Supreme Court said Fux was wrong.
“You can redeem the session. I said, because I have the greatest consideration for your excellence, and your excellence is not being faithful to the facts. I said, ‘You don’t want to readjust to remain as a rapporteur?’ And you said no, because it would be an disregard with those who accompanied me, “said Barroso.
“Your excellence is creating a situation that has not existed. I don’t even understand this confusion,” he added.
According to the Supreme Court’s Rules of Procedure, a minister loses the rapporteur when he is overcome in the collegiate by the vote of another minister. The first to open the winning divergence becomes the rapporteur of the judgment and becomes responsible for the case.
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