Marco Aurélio's decision on André do Rap must be overturned

Minister Marco Aurélio| Photo: Nelson Jr./SCO/STF

The Minister of the Federal Supreme Court (STF), Marco Aurélio, said he was perplexed by the decision of his colleague, Nunes Marques, to suspend part of the Law to Clean the Registry. “When we value the constitutionality of the Law to Clean the Registry, we value it as a whole. I think that after an election you cannot innovate,” Aurélio told the Correio Brasiliense newspaper on Sunday (20). “Is that why I look at you with some perplexity? Because the Supreme Court had already faced this law, right?” He added.

Marco Aurélio highlighted that article 16 of the Federal Constitution establishes that “the law that modifies the electoral process will enter into force on the date of its publication, not applying to the election that occurs until one year after the effective date” . “What is sought with this: stability, certainty of what may or may not happen. It is up to you to dispute to know what the rules of the game are. It is not possible to innovate before this constitutional principle after an election. There is this principle. That is, if not even the legislator can innovate, can the Judiciary? That’s where the question remains, ”he said.

Marques suspended on Saturday (19) a section of the Clean Registry Act, preventing the sentence of ineligibility granted to political convicts from exceeding the eight-year period after conviction. This decision is valid for those convicted by a collegiate judicial body or those who have been the subject of decisions that no longer appeal.