The minister decided to leave the rapporteur of more than one hundred cases linked to by assuming the presidency of the (Supreme Court), next Monday (29).
The arrival of the main position of the judiciary marks the head of the main investigation that aimed politicians and entrepreneurs. The operation was buried, on the grounds of the existence of.
Fachin assumed the rapporteur of cases in February 2017, by draw, after the Supreme Lava Jato ,.
The processes that are in Fachin’s office are generally the remnants of the operation. These are petitions of former Senator Delcídio do Amaral to exchange the provision of services to the community for a fine, a process of alienation of goods from the money changer Alberto Youssef and the monitoring of lawsuits against the former mayor, who descended at first instance.
The minister will take office as president of the Supreme in ceremony that will be attended by authorities of the three powers and representatives of civil society. He assumes his position after two years of management of – his predecessor who, as a rule of the court, will be responsible for the entire collection of cases left by the new president.
Fachin is in the presidency of the Supreme until September 2027. Its vice president will be (Superior Electoral Court) of 2022.
Traditionally, the President of the Court has fewer cases in his office and no longer receives new cases. After years of wear and tear and twists in Lava Jato, Fachin decided to leave the case command back – now, everyone will be with Barroso, who will join the second class of the STF.
At the height of the operation, Fachin moved to get the processes. He asked to change class after Teori’s death to participate in the draw that would define the new rapporteur. The strategy was sewn between the then President Carmen Lúcia, Gilmar Mendes and Celso de Mello, as well as Fachin himself.
After assuming the cases, he had a conduct aligned with the Federal Public Prosecution Service and the then head judge 13th Federal Court of. It was favorable, for example, to maintain coercive driving and prison after conviction in the second instance, two mechanisms later declared unconstitutional by the Supreme Court.
Nominated by Dilma Rousseff for the STF in 2015, Fachin was criticized by petistas for denying several Lula’s defense requests to reverse Moro’s decisions. In April 2018, requested by the then lawyer and today cutting fellow Cristiano Zanin to Lula. The decision paved the way for the petista’s arrest.
Lava Jato wear started in 2019, when on procedures to be taken by the investigators. Even with criticism from other ministers to conduct, Fachin kept his position pro lava jet in the Supreme Court.
On March 8, 2021, the minister turned a turn and surprised the political world after decreing the incompetence of the court of Curitiba to judge the petista.
The decision also extinguished the processes that could decree Moro’s bias in the Supreme Second Panel. One day later, however, the board resumed the lawsuit of the former judge and concluded by 3 votes to 2 that-Fachin was overcome, along with Kassio Nunes Marques. Later,.
Over the past four years, Lava Jato setbacks have accumulated in the Supreme Court, including the overthrow of condemnations and acts of the task force on the grounds of irregularities in conducting investigations and processes. Few proceedings and prominent decisions left to be made.
As an accountability, Fachin asked the Supreme to create a virtual panel to publicize the award -winning allegations signed in the period and the amounts received through these agreements.
Under the minister’s rapporteur, there were 172 closed collaboration agreements. Of these, 152 whistleblowers paid fines or lost assets obtained through crimes, returned to public assets. In total values, it was R $ 2.9 billion.
Fachin began to structure his plans for the presidency a few months ago, organizing team, work dynamics and the list of processes he wants to take with him.
The process catalog that Fachin decided to keep under his command shows the minister’s priorities for the new cycle.
The new president will have in his office processes linked to the labor agenda. , which discusses whether there is an employment relationship between drivers and applications.
Fachin also follows two processes about indigenous peoples. One deals with another about measures to be adopted by the federal government to protect and guarantee the rights of isolated indigenous peoples and recent contact.
Two other highlights Fachin decided to keep in his office concern prisons and discussion if the imposition of haircut and beard disrespects the religious freedom of prisoners.
In the area of security, he maintains an action that will decide whether the Maria da Penha Law protects women out of domestic and affective relations and two prominent processes reported by him: which prohibited the intimate vexatious magazine in prisons and the call.
In the latter, the Court reinforced the power of the act against criminal factions in and determined that the Union ensures the budgetary increase to the corporation.
