Celso de Mello withdraws vote on Bolsonaro’s testimony from the virtual plenary session of the Supreme Court | Politics

Celso de Mello is the reporter of the investigation at the STF, but he was on sick leave since August 19; resumed work last Friday (25). That same day, the minister announced that he had decided to anticipate his retirement for October 13.

With the decision of the rapporteur, the issue returns to the conventional plenary session of the Supreme Court – the date of the trial has not yet been defined. Due to the pandemic, ministers have been meeting by videoconference, but can read the votes, debate and argue during the session.

The appeal of the Office of the Attorney General of the Nation (AGU) was sent to the virtual plenary session by Minister Marco Aurélio Mello, who acted as substitute rapporteur during Celso de Mello’s leave.

In the virtual plenary, the written documents are only deposited in the electronic system and the result is announced at the end of the term. According to the definition of Marco Aurélio Mello, now suspended, the issue would be evaluated between October 2 and 9.

In deciding this Tuesday, Celso de Mello said that he does not see urgency in the AGU’s request – and that, therefore, Marco Aurélio would have acted “ultra vires” (outside the powers defined by law) when sending the issue to the plenary virtual.

“It is seen, therefore, that the illustrious substitute regiment in question [Marco Aurélio Mello]As any hypothesis that required, in kind, ‘deliberation on urgent measure’ turned out to be innocent, I acted, I think, ‘ultra vires’ – and here, His Excellency practiced it without registering, as for him – it must be insisted -, a situation of necessity that justified the adoption of the ‘deliberation on urgent action’.

AGU requests, on appeal, that Bolsonaro be authorized to give written testimony.

Before leaving office, the original rapporteur had already denied Bolsonaro a written statement and determined that the president should be heard in person. This is because, in Celso de Mello’s opinion, the Criminal Procedure Code only allows authorities to send written positions when they are witnesses or victims. In this investigation, Jair Bolsonaro appears as being investigated.

By sending the topic to the virtual plenary, under the license of Celso de Mello, Marco Aurélio had also anticipated his own positioning. The minister placed a vote in the system in favor of President Jair Bolsonaro giving written testimony to the Federal Police.

The investigation was opened based on statements by the former Minister of Justice and Public Security, Sergio Moro. Upon resigning from the government, Moro said that Bolsonaro had pushed for changes in the managerial and superintendent positions of the Federal Police, including the position of general director of the corporation.

Moro also appears in the investigation as being investigated, and the PF urged him to present evidence of the complaints made. In Tuesday’s decision, Minister Celso de Mello asks Moro to comment, within five days, on AGU’s appeal.