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At least four ministers of the Federal Supreme Court (STF) refused to go on vacation and decided to keep their posts in the coming weeks, which in practice will empty the powers of the president of the Court, Luiz Fux, during the shift. The Supreme Court will go into recess on Sunday (20), which would hold Fux responsible for analyzing all cases considered urgent, including those that are under the complaint of colleagues.
Marco Aurélio Mello, Gilmar Mendes, Ricardo Lewandowski and Alexandre de Moraes, however, informed the STF presidency that they will continue to dispatch during the recess.
This is the first time, at least in the last 15 years, that such a large number of ministers have decided to keep work activities in full recess. In practice, the movement exhausts Fux’s powers over the next several weeks, until the resumption of regular STF activities in February. The members of the court heard by the report saw in the movement a new retaliation against the minister.
One of the fears of Fux’s interlocutors is the fate of a habeas corpus filed by a group of renowned lawyers, the effect of which may lead to the release of convicted criminals and prisoners in the country. In an offensive against Fux, the criminalists want to revoke the precautionary measure of the magistrate that has indefinitely suspended the execution of the judge of guarantees. The reversal of the decision can open a void for the annulment of sentences.
Until the publication of this text, the STF electronic system had not prepared the rapporteur for the case. By vigorously contesting Fux’s precautionary measure, habeas corpus prevented the President of the Court from acting in the process. In theory, the case should be referred to the Vice President of the Supreme Court, Rosa Weber, who will take turns with Fux in charge of the court during the shift.
Guarantiers
However, with four more ministers working in full recess, the “habeas corpus of discord” can be stopped in the hands of the ministers of the guarantor wing: Marco Aurélio, Gilmar and Lewandowski. All three, like Moraes, are in favor of implementing the guarantee judge.
In charge of defining the agendas of the plenary sessions, Fux left the proceedings on the measure, which provides for the division between two magistrates of the analysis of criminal cases, out of the sentencing calendar of the first half of 2021, as provided in the anti-crime package approved by the Congress and sanctioned by President Jair Bolsonaro. Thus, the judicial order of the minister remains in force and is not expected to be analyzed in plenary by all the members of the Court.
“I inform Your Excellency that, during the recess – from December 20 to 31 – and the festive month – January 2021 -, I will continue to thank the requests for urgent help made in the processes of my rapporteur,” wrote Marco Aurélio to Fux . , in a letter obtained by the report.
Wanted by “Estadão”, Marco Aurélio said that, for his part, the decision to work on vacation is not a retaliation to Fux. “I stay in Brasilia, as the processes are mine and remain in my residue, if I can advance the service, I will advance. And for me, since I like what I do, work is not a heavy burden. I am leaving the public service bureaucracy, I am not a bureaucrat, ”he commented.
Since Fux became president of the STF in November, the minister has had two bitter disagreements with his colleague. In October, he called Fux authoritarian after the president of the Court revoked the court order that freed drug lord André do Rap. “[Ele] He subjected me to a public execration, it was very bad, it shook a friendship of many years, “Marco Aurélio told the report.
The group formed by Gilmar, Lewandowski and Moraes felt “betrayed” after Fux gave the defining vote of the final score of the trial that excluded the possibility of reelection of the current mayors, Rodrigo Maia (DEM-RJ), and the Senate , Davi Alcolumbre (DEM-AP).
