The minister will be the rapporteur of the conviction of the (Supreme Federal Court). The magistrate was drawn this Monday (11). It will now be up to him to lead the process that requests the annulment of the former president’s sentence.
The minister, who was, has already warned people close to him that he will only analyze this issue after his decision by the (Superior Electoral Court) this Tuesday (12). But, even after the ceremony, it should not impose a fast pace on the case. Kassio intends to calmly analyze the material delivered to his office.
The first step must be, in accordance with the planned procedure, a request for a statement from the (Attorney General’s Office).
A lawyer allied with Bolsonaro stated, with reservations, that he expects the case to progress similarly to a criminal action and that, in Kassio’s hands, it will take approximately one to two years.
After the statement from the Public Prosecutor’s Office, responsible for the accusation, an instruction is opened to find out whether there is evidence to be produced or not, and subsequently the agenda is set for the collegiate analysis of the requested review.
The judgment should be made, in theory, by the full plenary of the court. The STF’s internal regulations say that the review will be carried out by the “court”, but this must still be consolidated later on, especially due to changes in the understanding of the powers of the plenary and groups.
To define the rapporteur, only the members of the Second Panel were included in the court’s rapporteur selection system. Because he participated in the entire process of the central core of the 2023 coup plot, Luiz Fux was left out.
The former president’s defense asked the president of the court on Friday (8) to annul the process that resulted in the former president’s conviction for an attempted coup d’état.
With this, the former president’s lawyers begin a new process in court, the criminal review, which gains another number — and will not be processed in criminal action 2668, the central core action of the 2022 coup plot and which has become final and unappealable.
“The basis of this action is the reparation of the judicial error, so that the criminal jurisdiction can once again act in accordance with the postulates of justice”, say the lawyers.
The piece is signed by Marcelo Bessa and Thiago Lôbo Fleury.
The Second Panel is composed of , , , and , president. Fux participated in the First Class, voted for Bolsonaro’s acquittal and then asked to change collegiate.
In the 90-page document, the defense asked that the rapporteur be drawn only from among the members of the court’s Second Panel, to ensure that command of the action did not fall to the same minister who carried out the conviction.
André Mendonça for Bolsonaro in July 2021 with the vacancy opening with the retirement of Marco Aurélio Mello. He held the position of attorney general of the Union at the time.
The then federal judge Kassio Nunes Marques also supported Bolsonaro, in October 2020, with the vacancy opening with the retirement of minister Celso de Mello.
Fux asked to be transferred to the Second Panel after bringing forward his retirement and leaving the court. In the trial of the coup plot, Fux became a dissonant voice and diverged from Moraes and when voting and acquitting defendants, .
At the time, Fux’s vote surprised the defendants’ defenses, who identified arguments to question the action in the future and, eventually, annul a probable conviction. The minister’s position also angered the wing of the court close to Moraes.
