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Brasilia – Minister Ricardo Lewandowski was selected as rapporteur for the request of the newspaper O Estado de S. Paulo for the Federal Supreme Court (STF) to suspend the decision of the president of the Superior Court of Justice (STJ), João Otávio de Noronha, who unveiled its President Jair Bolsonaro will present the tests carried out to detect the coronavirus.
This Monday (11), the State filed a complaint with the STF in which it alleges that Noronha’s decision “interrupted the free movement of ideas and versions of events, blocked the inspection of the acts of public officials by the press and stifled freedom of information. ” “from the newspaper.
In the complaint, the State emphasizes that three different decisions were favorable to the election, as well as the opinion of the Federal Public Ministry. “All agreed that access to the hidden documentation by the Presidency is urgent and pertinent to the public interest,” the article completes. The newspaper will also appeal to the STJ itself against Noronha’s monocratic decision. The appeal will be heard by a collegiate of ministers of that court.
“The decision of the minister João Otávio de Noronha scandalously offends the STF’s decision in the direct action of unconstitutionality that eliminated the Press Law from the legal world in 2009. In that decision, there were infinite allusions to the scope of freedom of the press and expression, all ignored by the decision of the STJ president, “said state attorney Afranio Affonso Ferreira Neto.
The Federal Court of São Paulo and, subsequently, the Federal Regional Court of the Third Region (TRF-3) guaranteed the newspaper the right of access to the results, due to the public interest in the health of the President of the Republic. Noronha’s decision, however, nullified the understanding of the first and second instances.
“Public agent or not, each individual is guaranteed the protection of their intimacy and privacy, civil rights without which there would be no minimum structure on which to build the democratic rule of law,” wrote Noronha.
In the complaint filed with the STF on Monday, the State recalls that Noronha anticipated his position on the matter in an interview with the legal website JOTA, on Thursday, the day before the AGU filed an appeal with the minister himself, which it is against the law. From the national judiciary.
In the interview, the STJ president declared that “it is not republican” to demand that Bolsonaro’s documents be made public. “Come here, the president has to say what he feeds, if it is (blood) A +, B +, O-“, he said at the time. “It is not because the citizen is elected president or minister that he does not have the right to a minimum of privacy. We do not lose the quality of being human when exercising a relevant position in the Republic,” he added.
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