05/19/2024 – 17:21
Unanimously, the Federal Supreme Court (STF) confirmed the individual decision of minister Kassio Nunes Marques who denied safe conduct to former president Jair Bolsonaro (PL) in the coup investigation.
A Bolsonaro lawyer, who does not have a power of attorney to act on behalf of the former president, filed a habeas corpus to try to prevent Bolsonaro’s possible arrest. “Some, not a few, say that (the arrest) is just a matter of time”, he claimed to the STF.
The process was distributed to the office of Kassio Nunes Marques, prime minister appointed by Bolsonaro to the STF, in 2020. For the minister, there is no evidence of illegal embarrassment or any other “evident” irregularity in the investigation against the former president.
Another argument used to justify the decision was that Bolsonaro did not express “interest or awareness” about the initiative, that is, there was no consultation with the lawyers who effectively represent the former president.
“The universal legitimacy of habeas corpus must be seen in a subsidiary manner, at the risk of harm to the patient himself, who may find himself hindered in his free choice of technical defense, as well as having the elaboration of his procedural strategy affected by this petition. .”
The lawyer appealed, but Nunes Marques maintained the decision and submitted the case for judgment in the virtual plenary of the STF, so the other ministers could speak out. In this modality, there is no real-time debate. Ministers record votes on an online platform, in asynchronous voting.
Minister André Mendonça, who also arrived at the court on Bolsonaro’s recommendation, in 2021, was against safe conduct. He did not present a written vote. The score ended unanimously. Only minister Alexandre de Moraes, rapporteur of the coup investigation, declared himself prevented from taking part and did not participate in the vote.
Lawyer Djalma Lacerda, from Campinas (SP), is behind the habeas corpus. He has submitted serial requests to the STF to benefit the former president and his allies. The list includes requests for freedom for those arrested on January 8, for the former Minister of Justice, Anderson Torres, and for the former deputies Roberto Jefferson and Daniel Silveira.
This is not an isolated movement. Other “unofficial” initiatives, that is, pursued without consulting established lawyers, reached the Federal Supreme Court. In February, Bolsonaro’s defense had to call the STF to have one of these preventive habeas corpus disregarded.
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