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The appointment of federal judge Kassio Nunes Marques to a vacancy on the Supreme Court (STF) was approved this afternoon by the CCJ (Constitution and Justice Commission) of the Senate, by 22 votes to 5 in a hearing of just over nine hours. duration.
Now, the name of the judge will be put to a vote in the full Senate, where it needs the endorsement of at least 41 of the 81 senators, in a secret ballot.
Marques was nominated by President Jair Bolsonaro (without a party) for the vacancy on the Supreme Court due to the retirement of Minister Celso de Mello.
From the early morning, the judge answered questions from senators and explained his position on controversial issues, such as abortion and Lava Jato, and justified the questions asked of his academic career.
Appointed for the first time by Bolsonaro to the Supreme Court, Kassio Nunes Marques is 48 years old and is a judge of the TRF-1 (Federal Regional Court of the 1st Region).
God and abortion
In a nod to conservatives, Marques cited a biblical psalm from Saturday and mentioned Catholic education as the source of his “faith in God and in Brazil.”
The judge also claimed to be a “defender of the right to life” when asked about his position regarding the legalization of abortion, but indicated that he agreed with the existing possibilities for legal abortion: in cases of rape, of life-threatening pregnancies of the woman. mother or anencephaly.
Lava Jato and warranty
When asked about Lava Jato, Marques said he recognized the merits of the operation in the fight against corruption, but said “corrections can be made” if irregularities are found.
The judge defined himself as a guarantor judge, but stated that the term is not related to a position contrary to the fight against corruption.
“Guarantee is not synonymous with leniency in the fight against corruption,” he said. “The judicial guarantee is simply to give the Brazilian citizen, whoever they are, the guarantee that they will go through due process of law and will have a legitimate defense,” said Marques.
Regarding the arrest in the second instance, Marques defended that the issue should be defined by the National Congress, and again affirmed that the norm, although it is mandatory, should not be applied automatically, leaving the Judiciary to decide in each case when it is necessary the arrest.
Harmony between powers
The judge defended respect for the limits of action of each institution and affirmed that the interference of one Power over another is unconstitutional.
“The constitutional limits established for the scope of the Judicial, Legislative and Executive Powers denote the very structure of the State. Vulnerable to these limits by the interference of a Power in an area of strict competence of another Power, it seems, in my opinion. , a situation of unconstitutionality, “said Marques.
Regarding the performance of the Judiciary, Marques affirmed to defend “self-control” in decisions that interfere with other Powers and affirmed to be a judge who takes into account the consequences that his decisions cause.
“This is my profile: if, on the one hand, I guarantee compliance with the norms and the Constitution, I have a consequentialist vision of my decisions, with the analysis of what they can cause,” he said.
“On the other hand, I also have a profile of self-control. Why? Public policies are within the competence of preparing the National Congress and executing the Executive Power,” said Marques.
