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Minister Celso de Mello voted on Thursday (8), in a trial in the Federal Supreme Court, in favor of Jair Bolsonaro giving testimony in person – and not in writing – in the investigation that is being processed in the Court on the presumed interference of the president in the Federal Police. . The complaint was made by former minister Sergio Moro.
Rapporteur on the matter, read the vote in two hours and ten minutes in the session that began to judge the appeal of the Attorney General’s Office (AGU).
The body defends that the president testify in writing in the investigation of the Federal Police that investigates the case.
Celso de Mello participated in the last plenary session before retiring, on Tuesday (13).
After Celso de Mello’s vote, Minister Luiz Fux, president of the STF, closed the session in a tribute to the dean (the court’s oldest minister), who said goodbye.
The other ministers have not yet cast their votes, but Fux has not announced whether the trial will continue in the next session, scheduled for Wednesday (14).
At the end of the session, Fux said that Celso de Mello “built many bridges” and “will always be a beacon” for the members of a court. “A great man is always a bridge, not an end,” he said.
When voting, Mello understood that the Constitution and the laws do not provide for the prerogative of the President of the Republic to give written testimony, which would be exclusive to victims and witnesses.
“I understand that no, that he cannot, that he does not have that right, because the prerogatives that are presented to the President of the Republic are those granted by the Constitution and the laws of the State,” he said.
The minister also said that, “despite the hegemonic position of the Executive Power, the president is also subject to the laws like any other citizen of that country.”
Celso de Mello also cited a precedent that denied the then president of the Senate, Renan Calheiros (MDB-AL), written testimony in an investigation in the Supreme Court and said that “the republican dogma of equality, which pointed out to all of us, it cannot be vilified by special and extraordinary treatments that do not exist in our system of positive constitutional law and that can justify the absurd recognition of unacceptable (and hateful) privileges, typical of a society founded on aristocratic foundations ”.
According to Celso de Mello, written testimony is “a true privilege” and those investigated should be treated equally, remembering that Sergio Moro was questioned in person.
“No one, absolutely no one, has the legitimacy to transgress and denigrate the laws and the Constitution of our country. No one, absolutely no one, is above the authority of the Brazilian state legal system ”, said the minister.
For the dean, “the republican postulate repels privileges and does not tolerate discrimination, preventing the establishment of selective treatments in favor of certain people.”
The rapporteur had already opposed this possibility, but the AGU appealed.
The case even reached the virtual plenary session, in which the ministers present their votes online, but it was withdrawn and sent to the physical plenary session by the dean.
During Celso de Mello’s medical leave, the investigation was even assumed by his alternate, the second oldest in the Court, Marco Aurélio Mello, who advanced his vote in favor of the written testimony.
Upon resuming his work at the Court, Celso de Mello affirmed that it is up to the original rapporteur to decide on the matter, since it is not an urgent matter.
