Moraes has a new clash with lawyers for denying full defense

The minister of the Federal Supreme Court (STF), Alexandre de Moraes, once again got into a clash with lawyers during the trial of a regulatory appeal in the session of the First Panel, this Tuesday (2).

This is not the first time that the minister has denied broad defense in internal grievances based on a rule published by the First Panel under the report of Moraes himself, who is also the current president of the collegiate.

When calling the agenda for judgment and indicating that the floor would be handed over to minister Cristiano Zanin, responsible for the decision subject to the regulatory appeal, Moraes was interrupted by the lawyer in the case who went to the stand and asked to give oral arguments.

“I know the Class’s position, but given that this is an issue of national relevance, I wanted to raise the issue so that there could be oral arguments,” said the lawyer.

In response, Moraes denied the request based on decisions from the First Panel and the Plenary of the STF.

Then, the lawyer and member of the Federal Council of the Brazilian Bar Association (OAB), Alberto Toron, asked for the floor to argue in favor of his colleague.

Toron cited current legislation that regulates the matter contrary to the First Panel’s decision and guarantees oral arguments from lawyers. As the law that regulates the topic predates the decision, Toron demanded that the oldest understanding be applied to the case.

Appearing irritated, Moraes interrupted the lawyer: “If every time now that there is a procedural appeal, your excellency, knowing that there is no oral argument, comes to the stand, we will really complicate the issue. That’s already peaceful.”

Immediately, the lawyer said that the issue “is of greater relevance” and that the STF “only rises by listening to other voices”, but the appeal was ignored by Moraes.

The minister then consulted the other members of the Court about maintaining the rule that prevents oral arguments. All ministers agreed to maintain the impediment.

The First Panel of the STF decided that there is no oral argument for internal appeals and, according to Moraes, who is the measure’s rapporteur, “the Supreme Court’s internal regulations have the force of specific law prevailing over the general rule”.

A People’s Gazette questioned the OAB about the case and is awaiting feedback.

In November last year, when commenting on a similar situation, the OAB said that Moraes violates procedural law and the Federal Constitution by denying lawyers full defense.

See the excerpt from the session in which Moraes discusses with the lawyers