STF forms majority to maintain privileged forum even when leaving office

Cut

Trial was suspended following request from minister André Mendonça

The Federal Supreme Court (STF) formed, this Friday (11), a majority vote to expand the scope of the privileged forum. The President of the Court, Minister Luís Roberto Barroso, voted to maintain the forum prerogative in cases of crimes committed in and because of his position, even after leaving office. The trial, however, was once again suspended following a request from Minister André Mendonça.

In his vote, Barroso agreed with the argument of the rapporteur, minister Gilmar Mendes, that sending the case to another instance when the mandate ends causes losses. “This procedural ups and downs produced obvious harm to the closure of investigations, affecting the effectiveness and credibility of the criminal system. It also fed the permanent temptation for defendants to manipulate jurisdiction.”

In addition to Barroso and Gilmar Mendes, ministers Dias Toffoli, Alexandre de Moraes, Cristiano Zanin and Flávio Dino had already voted to expand the scope of the privileged forum. Barroso even asked for a view to better analyze the case and, for this reason, the trial was resumed this Friday.

Even with the new request for review, from André Mendonça, the other ministers of the Court have until 11:59 pm on April 19th to vote, if they wish.

Understand

The expansion of the scope of the special forum was proposed by Gilmar Mendes in response to a habeas corpus by senator Zequinha Marinho (Podemos-PA). The parliamentarian is suspected of having demanded that employees in his office deposit 5% of their salaries into party accounts, a practice known as rachadinha.

“Considering that the complaint itself indicates that the conduct attributed to the patient was carried out during the exercise of his mandate and due to his functions, I grant an order of habeas corpus to recognize the competence of this Court to prosecute and judge the criminal action”, decided Gilmar Mendes in his vote.

The crime began to be investigated in 2013, when Marinho was a federal deputy. After that, he was elected vice-governor of Pará and then senator, a position he currently holds. Throughout this period, the process alternated in terms of competence, depending on the position Marinho held.

The parliamentarian defends that the case remains in the Supreme Court, since he regained his privileged forum after being elected to the National Congress again.

read more

Understand Moraes’ decision that included Musk in an investigation at the STF