[ad_1]
The 2nd Panel of the Federal Supreme Court decided to bring a matter of order to the plenary session of the court to discuss the rule of the Internal Regulations that grants benefits to the accused in the event of a tie in criminal matters.
Rosinei Coutinho / STF
The question of order was presented by Minister Luiz Edson Fachin this Tuesday (1/9). For him, the rule should be restricted solely to Habeas Corpus, since it deals with restrictions on freedom of movement.
With the dismissal of Minister Celso de Mello, due to sick leave, trials in class have been routinely linked. Next, the class is divided into: Gilmar Mendes and Ricardo Lewandowski; Fachin and Cármen Lúcia.
“It is not uncommon for a tie in collegiate deliberations in Criminal Law matters to be and have given rise to the incidence of different norms susceptible to different interpretations of the Internal Regulations, especially Article 146, sole paragraph, and 150, §§ 1 and 3 “said Fachin.
With the tie, the regulation of the regulation could be interpreted in such a way that, according to the minister, the vote of the absent minister is awaited, with the consequent overextension of the process.
In recent weeks, with the application of in doubt for the accused, the second panel decided suspend the criminal action against the Minister Vital do Rêgo, of the TCU; annul the sentence handed down by Sergio Moro in the Banestado case; and even if whistleblowers can challenge winning plea deals to defend themselves.
Elections 2014
Since March 2019, the Plenary of the Supreme Court understands that the competence to judge crimes related to electoral elections must be maintained in the Electoral Justice.
In the specific case of this Tuesday, the Panel analyzed the request for referral to the Electoral Justice of the Federal District of an investigation filed against federal deputy Marcos Pereira (Republicans-SP), accused of corruption, money laundering and embezzlement. The complaint pointed to improper payments to parties belonging to the Dilma-Temer coalition to gain more time on television in the 2014 elections.
Rapporteur of the case, Fachin had denied the claim against the decision of TRE-DF, which declined the jurisdiction of the Federal Court of São Paulo. This Tuesday he reiterated the refusal and was accompanied by Minister Carmen Lúcia.
Gilmar Mendes voted to determine the return of the records to the Federal Electoral Court, followed by Minister Ricardo Lewandowski.
34,805 Rcl
[ad_2]
