STF cites failure after Zanin voted on action that would be prevented – 10/06/2023 – Power
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The process system of the STF (Federal Supreme Court) recorded Minister Cristiano Zanin’s vote in at least two trials of cases in which he acted in the past as a lawyer and in which, according to the legislation, he should have declared himself barred.
After Sheet questioning the minister this Friday (6), through the advice of the STF, the court rectified the minutes of the trials and stated that there was a failure in the computerized system in both cases. Zanin began to appear as impeded both in the voting minutes and in the virtual plenary.
According to the Civil and Criminal Procedure Codes, a judge is prevented from acting in proceedings in which he has held another role, such as a lawyer, even in a lower court, or when his spouse or relative acts.
One of the processes in which Zanin’s vote appeared is an appeal by one of President Lula’s (PT) sons, in which the minister’s wife, Valeska Martins, still advocates. The case originated in a lawsuit against Veja magazine in which he represented Fábio Luís Lula da Silva, known as Lulinha.
In an edition of the Official Gazette published on September 1st, it is stated that Zanin accompanied rapporteur Rosa Weber and voted for Lula’s son’s appeal not to be accepted. This Friday afternoon, after questioning the Sheet, a certificate was published in the system saying that Zanin was prevented from voting. The other case involves an appeal by a cattle rancher, Francisco de Mello Neto, convicted of financial crimes in the Federal Court in Mato Grosso do Sul and who was Zanin’s client until 2022.
When questioned, the STF said that Zanin informed the court’s general secretariat on August 9 that he would be prevented from acting on a list of processes, including these two appeals. “However, due to a failure in the functioning of the computerized system, there was no due entry of the impediment in the process. The annotation of impediment would not allow the minister to participate in the trial.”
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