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In an interview with the newspaper O Globo, the STF (Federal Supreme Court) minister Marco Aurélio once again criticized the attitude of the president of the court, Luiz Fux, who reversed the minister’s decision and issued an arrest warrant for André do Rap.
“I was president [do STF] from 2001 to 2003. I never thought of canceling the decision of a single colleague. I never thought. It doesn’t cross my mind and it won’t happen until I get off the cover, “he said.
Today I annulled my decision. Tomorrow you can remove a colleague’s
Marco Aurélio Mello on Luiz Fux
Yesterday, in the plenary session of the STF, the majority of ministers endorsed Fux’s decision. They decided that the end of the 90-day period does not automatically result in automatic revocation of pretrial detention, based on an excerpt from the crime pack. This was the argument that Marco Aurélio used to free André from Rap.
Now, the understanding of the STF will serve as a parameter for similar situations analyzed in the Judiciary. When asked how he will vote in cases like this from now on, Marco Aurélio stated that even if he is upset, he will follow the understanding of the court.
“The collegiate is a democratic body par excellence. I just have to keep reflecting on the issue,” said Marco Aurélio. “I cannot decide individually, and also in the fractional body [a Primeira Turma do STF, da qual ele faz parte], in a different way. I have to save the sentence. “
I remain convinced that Congress legislated and I cannot change the law, but be patient
Marco Aurélio Mello
The minister also complained that yesterday’s case was considered “extremely exceptional.” The term was used by Fux during the session.
“They decided to anticipate the habeas corpus trial, which is under my charge and which is the responsibility of [Primeira] Enjoy the class. The opinion prevailed that the case would be extremely exceptional. Exceptional why? Why low my reports? Exceptional for the involvement of a drug dealer? That’s what I said. Rules that reveal guarantees are not enforced by average men. They are caused by those who have committed misconduct. But, patience, patience, I am in the referee, “he said.
