OAB says that Moraes violates procedural law and Constitution by denying defense

This Thursday (9), the Brazilian Bar Association (OAB) issued a note expressing concern about the attitude of the Minister of the Federal Supreme Court (STF), Alexandre de Moraes, who prevented oral arguments from a defender during the face-to-face trial of a regimental appeal in a request for habeas corpus.

According to the minister, the First Panel of the STF decided that there is no room for oral arguments in 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”. Moraes is also the current president of the First Panel of the STF.

A video circulating on social media shows the moment when the minister interrupts the defender during the trial.

In the note, the OAB says it is concerned about “the relaxation or suppression of the constitutional right to adversarial proceedings and full defense” and defends the prerogatives of the legal profession.

“Oral arguments are part of the right to defense, which is a constitutional guarantee and, therefore, are not subject to internal regulations, even those of the STF. Such regulations regulate the functioning of the courts and cannot correct or suppress constitutional rights regulated by federal laws. The refusal to give oral arguments provided for by law represents a violation of procedural law and the Constitution”, says an excerpt from the note.

The Order also reaffirmed its commitment to dialogue with the Supreme Court, but said it does not agree with “the empowerment of the courts” over other Powers.

“Our uncompromising defense of the Judiciary and the electoral system, made to preserve democratic advances, does not mean empowering the courts to ignore the laws or place their internal norms above the legislation, which is discussed and approved by the Legislature, with the participation of representatives of the people, and sanctioned by the Executive”, says another excerpt from the note.

Finally, the OAB said it will continue to insist that the STF respect the prerogatives of the legal profession. The note is signed by the president of the institution, Beto Simonetti.