Ministers of the STF (Supreme Federal Court) told the Power 360 that the successive decisions of Nunes Marques against collegiate votes are leading the magistrate to become increasingly isolated.
On Wednesday (10.Aug.2022), Nunes Marques once again had a decision revoked by the plenary of the Court, this time through a point of order presented by Cármen Lúcia.
On 4 occasions, the Supreme had defined the ineligibility of Ivo Cassol (PP), former governor of Rondônia. But, alone, Nunes Marques decided that the politician could run in the October elections.
Through the question of order raised by Cármen Lúcia, the STF decided that the injunction (provisional decision) of Nunes Marques should lose effect until it is definitively judged on Friday (12.Aug) by the virtual plenary. The tendency is for him to be defeated again.
According to the ministers consulted, overturning decisions through questions of order is very rare. They also stated that Nunes Marques, in a short time with the STF, is collecting defeats.
In addition to the injunction involving Cassol, another decision by the minister will be analyzed in the 6th: the one that suspended the senator’s conviction Acir Gurgacz (PDT-RO). With this, the politician can once again contest elections.
According to ministers, the injunction can also be overturned. This is because Nunes Marques considered that the 1st Panel of the Court miscalculated Gurgacz’s sentence. That is, the magistrate would also have reviewed a collegiate decision.
Judgment
On August 4, Nunes Marques reinstated Ivo Cassol’s eligibility. The minister decided that the case was urgent because of the opening of the period for candidacy registrations, which runs until August 15. The request analyzed by him, however, reached the Court in February 2021.
Cármen Lúcia, rapporteur of the action that condemned the politician in 2013 for fraud in bids, proposed that the injunction of Nunes Marques loses effect until it is definitively analyzed by the other ministers on Friday.
According to her, the minister alone removed 4 decisions from the plenary of the Court that defined that there was no statute of limitations in the case (in addition to the session that condemned Cassol, the Court analyzed 3 motions for clarification on the subject from 2013 onwards). The president of the Supreme, Luiz Fux, tried to stop the vote on the point of order, but he was unable to do so.
“The review concerns a decision by the plenary. The plenary of the STF concluded the judgment in the sense of conviction and removed the statute of limitations. the injunction [de Nunes Marques] suspended the decision of the plenary, including on the prescription”, said Carmen. The discussion on the point of order took the entire session on Wednesday.
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.
Roberto Barroso also said he was against injunctions that overturn decisions given jointly by 11 ministers. He said that decisions like those of Nunes Marques must be immediately submitted to the other ministers, so that they can decide whether to endorse it or not.
“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 […] we collectively decide”said Barroso.
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.
other defeats
It is not the 1st time that the minister acts alone and is defeated in the Supreme Court. On June 2, Nunes Marques overturned, via the STF, the collegiate decision of the TSE (Superior Electoral Court) that impeached the Bolsonarist state deputy. Fernando Francischini (Brazil-PR Union). Nunes is also a member of the Electoral Court.
The TSE judgment was one of the most emblematic in 2021, because the Court impeached a politician for the 1st time for spreading false news about the electoral process.
On the occasion, the Court also set a precedent for the assimilation of digital platforms to traditional media, such as newspapers, radio and TV, opening the way for the punishment of those who spread false news on the internet.
Also on June 2, Nunes Marques overturned the collegiate decision of the TSE that maintained the cassation of Valdevan Ninety (PL-SE) for abuse of economic power.
The cases went to the 2nd Panel of the Supreme, which overturned the two injunctions of Nunes Marques, restoring the collegiate decisions of the TSE.
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