Fux determines the raffle of a new rapporteur for the investigation of Bolsonaro’s STF | Politics

The decision responds to a request from the defense of former minister Sergio Moro, who is also being investigated in the investigation. The original rapporteur for the STF process was Minister Celso de Mello, who retired from his post on the 12th.

“At the request of the lawyers of former Minister Sergio Moro, and due to the inherent speed of an investigation, the President of the Court, Minister Luiz Fux, determined the redistribution of investigation 4831, which was led by Minister Celso de Mello’s rapporteur. The redistribution should still take place today through the electronic system of the STF ”, says the statement released by the STF to the press.

Due to normal progress, the files in Celso de Mello’s office should move to his replacement in office. President Jair Bolsonaro appointed Judge Kassio Nunes Marques to the vacancy, but the name must be confirmed by the Senate. Marques’s hearing should take place this Wednesday (21).

The investigation is awaiting another decision from the Supreme Court, related to the format of President Jair Bolsonaro’s statement to the PF. Then the rapporteur of the case, Minister Celso de Mello, voted in favor of defining a face-to-face deposition: it was Mello’s last vote before retiring. The Attorney General’s Office wants Bolsonaro to be able to speak in writing.

Jair Bolsonaro and Sergio Moro are included in the investigation as investigated. The investigation was opened with the approval of the Supreme Court because Moro, upon leaving office, accused the President of the Republic of trying to interfere politically with the command of the Federal Police.

According to Moro, Bolsonaro requested intelligence reports and requested changes in the leadership of the corporation. The President of the Republic denies the charges.

What the STF regiment says

Article 38 of the internal regulations of the STF says that the rapporteur can be replaced, among other hypotheses, by “redistribution, in the terms of article 68”, or by the minister appointed for the vacancy in cases of “retirement, resignation or death” .

Article 68, which regulates the redistribution of processes, allows this to be done in “habeas corpus, injunction, claim, extradition, conflicts of jurisdiction and powers, in the face of serious risk of the expiration of the law or in the event of prescription.” of the punitive claim that occurs within the six months following the beginning of the leave, absence or vacancy “.

The same article also says that the president of the STF may make use of the redistribution “exceptionally” in “other facts”, that is, outside of the hypotheses listed.

Moro’s defense request was sent to the office of the president of the STF, Luiz Fux.

Thus, based on the objective premise derived from the retirement of Hon. Celso de Mello, the present Police Investigation does not have an original Rapporteur to date, therefore, within the permissive norms and at the request of the interested party, In this In the case, represented by the petitioner, the immediate redistribution of the deed is required in accordance with the aforementioned regulations, ”says the document.