The minister, from the (Supreme Federal Court), requested a review this Friday (10) and suspended the judgment of the senator’s (-PR) appeal against the complaint from the (Attorney General’s Office), which accuses him of having committed slander against the minister.
Four of the five ministers of the First Panel of the STF had already voted to reject the appeal, but Fux decided to suspend the discussion taking place in the virtual plenary of the Supreme Court. He has up to 90 days to return the process to the agenda.
The majority of ministers voted to reject an appeal by Moro against a decision made by the group last year, which accepted a complaint from the PGR for a video viral on social media in which he appears speaking to interlocutors.
The rapporteur, minister, and ministers, and voted to deny the appeal.
In his vote, Cármen said that Moro’s defense did not question omissions or contradictions in the decision that accepted the complaint — which should be the object of the appeal —, but that, “under the pretext of remedying non-existent defects, a re-discussion of the ruling by which the complaint was received is sought.”
On social media, Moro said that “reporting ‘slander’ as a joke in a prison game at a June festival is absolutely inept and contrary to law, facts and common sense” and that the majority formed “lose the opportunity to correct the course of (in)Justice”.
“Despite this, we trust that the process will be unfounded. Anyone who has a clear conscience before the law, the truth and the justice of God has nothing to fear,” he stated.
Moro was charged in the case in April 2023 after the video spread on the internet. The complaint is signed by Lindôra Araújo, deputy of the then PGR Augusto Aras. She asked that the senator be sentenced to prison and that, if the sentence exceeds four years, he would lose his mandate.
The footage shows the former magistrate at a June party talking to other people. A female voice in the background says: “You’re bribing the old man.”
Moro then responds: “No, that’s bail. Institute to buy a habeas corpus from Gilmar Mendes.” Afterwards, he reaches for a glass apparently filled with mulled wine or grape juice.
In another video, Moro’s wife, federal deputy Rosângela Moro (União Brasil-SP), appears alongside her husband explaining the June game of arresting the person.
The parliamentarian says, laughing: “Here, never again.” Moro then says: “Let’s take a look there, what it is.” Rosângela continues: “Do you understand? You’re going to prison. If someone goes there and gives you five [R$ 5] you stay ten more minutes [preso]. Isn’t that a good idea?”
To the ministers, at the time of the trial regarding the acceptance of the complaint, Moro’s lawyer, Luis Felipe Cunha, stated that the statement was an “unfortunate expression recognized by me in this tribune and by him too, in a jocular, festive atmosphere”.
“At no point did my client accuse Minister Gilmar Mendes, for whom he has immense respect, of selling a sentence,” said the lawyer, who asked for the senator’s summary acquittal.
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