A DPU (Union Public Defender’s Office) asked the the postponement of the trial of the former federal deputy (PL-SP), and the summoning of a minister from another group to complete the composition of the collegiate.
The demonstration was filed this Friday (12). The DPU took on the defense of the former parliamentarian due to his absence from the country and the lack of a lawyer appointed in the case.
According to the Defender’s Office, the First Panel of the STF has an incomplete composition since the departure of Minister Luiz Fux, which reduces the panel to four members: Alexandre de Moraescase rapporteur, Flavio Dino, Cristiano Zanin e Carmen Lucia.
In the body’s assessment, the situation could lead to impasses in the trial.
Eduardo faces a criminal action for coercion during the process. According to the complaint filed by PGR (Attorney General’s Office)the former deputy would have worked, from the United States, to pressure North American authorities to adopt sanctions against STF ministers and trade measures against Brazil.
According to the accusation, the conduct was intended to interfere with investigations related to the attempted coup d’état, which led to the conviction of Jair Bolsonaro (PL).
DPU request
In the petition sent to the rapporteur, the Defender’s Office maintains that there are two scenarios that could affect the trial.
The first involves the eventual declaration of Moraes being unable to participate in the trial. The defense argues that the minister is among the targets of the conduct attributed to Eduardo and, therefore, could not vote in the case.
If this understanding is accepted, the trial would take place with just three ministers.
The second hypothesis considered by the DPU is the maintenance of Moraes in the trial. In this scenario, the Panel would act with four members, which opens the possibility of a tie in the vote.
To avoid any of the situations, the Defender’s Office requests the application of a provision in the Internal Regulations of the STF that provides for the summoning a minister from another group when there is an unfilled vacancy on the board.
In addition to summoning a fifth member, the DPU requests the postponement of the session scheduled for June 16th. If Moraes rejects the requests individually, the defense requests that the issue be submitted to the other ministers of the First Panel before the trial begins.
