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On Thursday, STF Minister Marco Aurélio Mello suspended the investigation until the full Court decides whether Bolsonaro should testify in person or if he can present a written statement, as requested by the president.
“The Supreme Court will decide, I don’t know when. Now it is in the minister’s hand [Luiz] Fux [novo presidente do STF] guide this from here. God willing, we will soon bury this process there and we will end this farce by this former Minister of Justice of accusing me lightly, ”Bolsonaro declared in a live broadcast on a social network.
HE G1 sought the advice of former minister Sergio Moro and awaited a response until the last update of this report.
On the live broadcast, the president criticized the prediction that Moro’s lawyers would be able to follow up and ask questions in a personal statement.
“The investigation continues and the minister of information Celso de Mello wanted me to testify in person, answering questions from two Moro lawyers and Moro himself. Moro does not have to ask me anything,” he continued.
The decision of Minister Celso de Mello reads as follows: “In this context, I determine that the co-investigator Sérgio Fernando Moro is guaranteed the right, through his lawyers, to be present at the act of interrogation of the President of the Republic to be carried out by the Federal Police, also guaranteeing him the right to ask questions, if he considers it necessary and pertinent ”.
Marco Aurélio suspends investigation until STF decides how Bolsonaro will testify
The president said he plans to use interviews with the former minister himself to show that he has not tried to interfere with the Ministry of Justice or the Federal Police.
Moro is investigated in the same investigation and can be charged if the material delivered to the courts is false, for example.
“Because we have a quick fight there. Look, 30 days before he left, he gave an interview saying that I had never interfered with the Federal Police. […] He claims that he did not accuse me, that he brought facts. It’s a joke, right. He presented facts and now it is up to the MP and the Supreme Court to investigate further. Come on, this Sergio Moro is joking, right? “.
According to Bolsonaro, the request to present a written statement, rather than a face-to-face statement, is based on the right already granted to previous presidents.
“Minister Marco Aurélio today issued an injunction suspending everything from this investigation, until my request to be heard in writing, as has happened in the past with the presidents who preceded me, was valid for me as well. Then, it has to apply to everyone, isn’t it? ”
In 2017, STF Minister Edson Fachin allowed Temer to testify in writing in a survey about the issuance of a decree in the port sector. Like Bolsonaro in the current investigation, Temer also appeared in the process as investigated.
Exchange of messages between Bolsonaro and Moro shows pressure for the resignation of the then minister
In this Thursday’s decision, Marco Aurélio Mello decided to take the discussion on the right of Jair Bolsonaro to the plenary session of the STF to choose the format of his own statement to the PF.
Last week, Minister Celso de Mello, rapporteur of the Moro and Bolsonaro investigation, affirmed that the President of the Republic could not make that decision. The law says that the heads of government have this prerogative when they testify as witnesses or victims, but it does not say what happens if they are charged or investigated.
The Office of the Attorney General of the Nation (AGU) appealed against this analysis and the request was analyzed by Marco Aurélio Mello because Celso de Mello is on leave until the next 26.
In the decision, Marco Aurélio said that he preferred not to annul the previous decision of his colleague to avoid “autophagy”, that is, the internal wear and tear of the Supreme Court.
The plenary trial will be scheduled by the president of the STF, Minister Luiz Fux. Marco Aurélio Mello requested, in the decision, that the Federal Public Ministry (MPF) express its opinion on the matter.
Marco Aurélio Mello had already told the blog of journalist Andréia Sadi that, if he received the query, he would send the analysis to the plenary instead of deciding alone.
