Gilmar sends a message to Fachin in the 2nd class: “the rapporteur is not the owner of the case”



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This Tuesday (March 16, 2021), during the session of the 2nd Chamber of the Supreme Court (Supreme Federal Court), the president of the college, Minister Gilmar Mendes, stated that “The rapporteur is not the owner of the case” and he cannot send it to the plenary session, made up of the 11 ministers, if the trial has already begun by the Supreme Court.

“The rapporteur of a case is not the owner, not the owner, if not a mere agent who, from the first moment, has the task of ordering and directing the process, always on behalf of the respective competent collegiate body, which is, as he said he, natural judge ”, Gilmar said.

Gilmar’s statement comes a few days after Minister Edson Fachin submitted to the plenary session for analysis an appeal from the PGR against the decision to nullify the sentences of former president Luiz Inácio Lula da Silva.

The two ministers live in a veiled confrontation after Fachin focused on Lula’s criminal actions. In the same order, Fachin eliminated the need for the Supreme Court to discuss the suspected conviction of Sergio Moro in the case of the Guarujá (SP) triplex. Gilmar did not accept the decision and ruled the case for the following day, in the 2nd Panel, of which he is president. The debate was interrupted at the request of Minister Nunes Marques. There is no date to resume.

However, before the discussion began, Fachin had referred a point of order to the President of the Court, Minister Luiz Fux, to decide whether it was necessary to try the case. However, the consultation is still pending in the progress of the process on the STF website.

Gilmar pointed out that he does not want the Lava Jato rapporteur to finally end up being able to bring the debate on Moro’s suspicion to the analysis of the 11 ministers.

Watch (4min14sec) Gilmar Mendes speech:

Watch (2h25min55sec) the session of the 2nd Class this Tuesday (16.Mar):

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