Rosa Weber maneuver frees Zanin from tight skirt – 05/05/2023 – Panel
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The president of the STF (Federal Supreme Court), Rosa Weber, used a court rule to decide a lawsuit that ended in a tie, thus avoiding a possible fair fight for lawyer Cristiano Zanin.
As shown by the Panel, two actions on the possibility of foreigners buying land in Brazil ended in a 5-5 tie between ministers this Thursday (4). It was the first such score since Minister Ricardo Lewandowski left last month.
In situations like this, it is common for the court to wait for the new minister to take office to break the tie. Zanin, lawyer for President Luiz Inácio Lula da Silva (PT), is the favorite for the vacancy.
He, however, could have to declare himself barred if he entered the court, since the decision would have an impact on a billionaire dispute between Indonesian Paper Excellence and J&F , for which Zanin advocates.
A petition from the OAB (Ordem dos Advogados do Brasil) pointed out the relationship between the two guidelines.
Rosa Weber, who voted against the preliminary injunction under analysis, appealed to Article 146 of the bylaws, which allows the issue to be decided in the opposite way to the intended one when there is a tie due to the lack of a minister. The subtle difference between this norm and the so-called “shattering vote” is that the President of the Court does not vote twice, overlapping with the others.
With this outcome, Zanin frees himself from the tight skirt of having to take a stand on the issue.
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