The president of the (Supreme Federal Court), Edson Fachin, authorized this Wednesday (22) the change of the minister from the First to the Second Panel of the court.
“In view of the lack of expression of interest from the oldest member, I grant the requested transfer to the Second Panel, in accordance with articles 13, X and 19 of the Internal Regulations of this Court”, says Fachin in an order.
Before making the decision, Fachin contacted the other Supreme Court ministers to check if anyone would be interested in changing the Class, as requested by Fux. The court’s rules provide that the most senior member of the court has preference. The response from the ministers consulted was negative.
The decision responds to a request made by Fux on Tuesday (21). The minister to the First Panel after isolating himself in the trials over the coup plot and getting involved in a discussion with minister Gilmar Mendes about that of former president Jair Bolsonaro (PL).
With the change, the Second Panel of the STF is now composed of Fux, Gilmar (president), Dias Toffoli, André Mendonça and Kássio Nunes Marques — the last two were nominated by Bolsonaro to the court.
The change was possible after Minister Luís Roberto Barroso anticipated his retirement from the Supreme Court. He left the court on Saturday (18).
The transfer of ministers between classes is provided for in the Supreme Court’s internal regulations. Fux, one of the oldest in the First Panel, had preference in the request.
He indicated to colleagues that he would like to maintain his participation in the coup plot trials. The First Panel will still analyze the complaint against other groups involved in the attempted coup d’état, and the defenses must present appeals against the convictions.
Fachin has not yet addressed the issue and intends to make a decision after speaking with the presidents of the Classes, Flávio Dino (First) and Gilmar Mendes (Second).
There is an interpretation by members of the Supreme Court that, even outside the First Panel, Fux would have the right to finalize the judgments of criminal cases in which he has already voted to receive the complaint.
In theory, this interpretation of the rules would allow its continuation in the coup plot trials. The minister would be divided between his duties in the Second Panel and the analysis of the processes pending in the First Panel. A decision on the issue will be made by the President of the Supreme Court, Edson Fachin.
Fux informed his colleagues in the First Panel about his request for change at the end of the trial this Tuesday (21). He said that the exchange of the collegiate was an agreement made with minister Luís Roberto Barroso. “It’s quite common [a mudança]. I always lost in antiquity. As Barroso retired, I had to make this move immediately,” he said.
The minister also stated that he is “available to participate in all trials [da trama golpista]if you like it.” The president of the First Panel, Flávio Dino, said he will submit the case to the president of the Supreme Court, Edson Fachin. “On my part, there is obviously full sympathy,” he said.
With the change, the First Class now has one less minister. The collegiate includes ministers Flávio Dino (president), Cármen Lúcia, Alexandre de Moraes and Cristiano Zanin. The vacancy will be occupied by President Lula’s (PT) nominee. The name has not yet been announced, but the main candidate is the chief minister of the AGU (Attorney General of the Union), Jorge Messias.
