Cármen Lúcia presented a point of order about the minister’s injunction that would have contradicted a collegiate decision
The STF (Federal Supreme Court) postponed the resumption of the analysis on the new improbity law, which would be held this Wednesday (10.Aug. of the Court.
On Thursday (Aug 4), the magistrate re-established the eligibility of Ivo Cassol (PP), candidate for the government of Rondônia. The minister decided that the case was urgent because of the deadline for party conventions, in which the candidates for the October dispute are defined. The convention period ended on August 5th.
Carmen Lúcia presented a point of order questioning whether the minister’s monocratic decision could override a collegiate decision of the STF. In 2013, the Court convicted Cassol of bid fraud. Ineligibility was an effect of the conviction.
Carmen, rapporteur of the decision that condemned the politician, proposed that the injunction of Nuns Marques lose its effect until it is analyzed by the other ministers. She was joined by the majority of the Court. The extraordinary trial was scheduled for Friday, in the virtual plenary of the STF.
When accompanying the minister, Alexandre de Moraes said that Cassol’s request, distributed to Nunes Marques, was made in February 2021 and that, therefore, it was not urgent enough to allow “the move away from a unanimous position of the plenary of the Supreme”.
“What happens, with all due respect to Minister Nunes Marques, is not that the rapporteur cannot give an injunction, but that there is a position pacified by the plenary”he said.
Prescription
The analysis of the point of order took the entire session on Wednesday. The Court addressed, in part, the statute of limitations for Cassol’s punishment.
In last week’s injunction, Nunes Marques understood that the politician’s sentence, sentenced to 4 years, was fully served and that the ineligibility has no more effect.
The minister, however, had a different statute of limitations than the one adopted by the Supreme Court when analyzing Cassol’s case on other occasions.
“I am against a monocratic decision that overrides a monocratic decision by a colleague. Even more so when it overlaps with a decision of the plenary […] collectively decide”said Barroso.
The magistrate also stated that decisions such as those of Nunes Marques must be immediately submitted to the other ministers, so that they can decide whether to endorse it or not.
In addition to Moraes and Barroso, Cármen Lúcia were followed by ministers Edson Fachin, Rosa Weber, Dias Toffoli, Ricardo Lewandowski, Gilmar Mendes and Luiz Fux. Nunes Marques diverged from the question of order, but was only accompanied by André Mendonça.
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