Five STF ministers vote to expand the privileged forum

Despite Minister Luis Roberto Barroso, president of the Federal Supreme Court (STF), requesting a review and suspending the judgment on the scope of the privileged forum for authorities, five ministers have already expressed themselves in favor of maintaining the forum after the end of their mandate.

Even with the suspension of the trial, ministers can still cast their votes until next Monday (8). The final result, however, can only be effective after the process is returned and finalized by the Court.

Cristiano Zanin, Flávio Dino, Dias Toffoli and Alexandre de Moraes followed the vote of the action’s rapporteur, minister Gilmar Mendes, who defended the maintenance of the forum as a function prerogative. For Mendes, in these cases, the person under investigation should only lose jurisdiction if the crimes were committed before taking office or were unrelated to the exercise of the role.

Gilmar Mendes decided to present a new thesis on the privileged forum, considering that the last one was defined by the STF in May 2018. At the time, the ministers argued that deputies and senators should only respond to criminal proceedings in the Court if the alleged facts occurred during the mandate and are related to the exercise of the position.

Ministers André Mendonça, Nunes Marques, Luiz Fux, Cármen Lúcia and Edson Fachin still have to vote.

The case being analyzed and which allowed the resumption of discussions on the forum refers to the request for habeas corpus by senator Zequinha Marinho (PL-PA), investigated for the practice of “rachadinha” in 2013, when he was a federal deputy. His defense claims that the Federal District Court is incompetent to judge him and that the case must be processed in the Supreme Court, because since the complaint he has held positions with forum prerogative.

The change in the understanding of the privileged forum will also guarantee the STF power over investigations against former president Jair Bolsonaro (PL). Theoretically, these investigations should be in the first instance, since he currently has no mandate or privileged jurisdiction.