Carmen Lúcia sends investigation requests against Bolsonaro to the 1st instance

stf

Minister Cármen Lúcia took into account the loss of Bolsonaro’s mandate and forwarded the cases to Federal Justice

Brasilia DF) – Minister Cármen Lúcia, of the Federal Supreme Court (STF), sent seven requests for investigation to the Federal Court of the Federal District against former president Jair Bolsonaro (PL), for inciting anti-democratic acts.

The requests were made by parliamentarians and entities in 2021, after the Independence Day holiday celebrations, on September 7. On the occasion, Bolsonaro made inflammatory speeches, with attacks on Supreme Court ministers.

“A minister who should watch over our freedom, democracy, the Constitution, but does exactly the opposite. Either this minister fits in or he asks to leave”,

said the then Chief Executive, referring to STF Minister Alexandre de Moraes.

“We will no longer admit people, like Alexandre de Moraes, who disrespect our Constitution.”

In this Friday’s decision (10), the magistrate considered that, with the loss of mandate, the former president no longer had the right to the privileged forum. With that, the competence to judge the actions passed to the court of first instance.

“With the term of President of the Republic having expired and there being no news of any other position attracting the competence of this Supreme Court, the original criminal competence of this Supreme Court for the processing of this and any fact related to criminal practices imputed to it has ceased”, highlighted Cármen Lucia.

“In view of the above, considering the supervening loss of jurisdiction due to the prerogative of the defendant, I recognize the incompetence of this Federal Supreme Court to process and judge the present Petition (al. c of item I of article 102 of the Constitution of the Republic) and determine that the present petition be sent, with due safeguards and precautions, to the President of the Federal Regional Court of the 1st Region, so that it may be distributed to the competent court in the Judiciary Section of the Federal District, without prejudice to the reexamination of competence by the addressee, for the adoption of measures necessary, in the form of current legislation”, decided the minister of the STF.

*With information from Metrópoles

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