STF Ministers Request Bolsonaro's Criminal Review in Plenary
The decision could change how the case is judged
Ministers of the Supreme Federal Court (STF) have insisted that the criminal review of Jair Bolsonaro's conviction should be debated in the Court's plenary, instead of a Chamber. This procedural change was signaled by the rapporteur of the request, Minister Kassio Nunes Marques, who was appointed to the STF by Bolsonaro.
Why the Discussion is Heating Up Now
The request for criminal review was made by the former president's defense, and the rapporteur, Nunes Marques, indicated that he intends to proceed with the case shortly after the second round of elections, at the end of October. The move was interpreted as a possible favoritism towards Flávio Bolsonaro, which garnered significant media attention.
What Has Changed in the Review Process
According to the Court's rules, cases decided by one Chamber can be reviewed by another. However, this would be the first criminal review in the STF, and ministers argue that the nature of the case justifies its analysis by the plenary. The Court's president, Edson Fachin, stated that he would not delay scheduling the topic for the plenary if prompted by Nunes Marques.
Who Composes the Chambers Involved
The First Chamber that convicted Bolsonaro included Ministers Alexandre de Moraes, Flávio Dino, Cristiano Zanin, and Cármen Lúcia. The Second Chamber, which is in charge of the review, is composed of Ministers Luiz Fux, Gilmar Mendes, Dias Toffoli, and André Mendonça.
Possible Impact on the Final Decision
In the plenary, the vote would be uncertain. Four ministers who voted for conviction in the First Chamber – Moraes, Flávio Dino, Cristiano Zanin, and Cármen Lúcia – and the senior justice Gilmar Mendes, who expressed favor for the conviction, would be present. On the other hand, Minister Luiz Fux voted against the conviction. The plenary's composition can, therefore, influence the final outcome of the criminal review.
Conclusion of the Internal Debate
STF ministers who have remained outside recent internal disputes have advocated for Bolsonaro's criminal review to be analyzed by the plenary. This reflects the concern that the decision be made in a broader and more transparent manner, given the case's importance for Brazilian politics.
With information from G1.
Source: G1