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The request was made by the Attorney General’s Office (AGU), which argues that Bolsonaro has the right to choose the date and format of the declaration itself. The original rapporteur of the request, Minister Celso de Mello, has already denied this possibility and authorized the Federal Police to schedule a face-to-face hearing.
Marco Aurélio Mello took over the case because Celso de Mello is out until next Saturday (26).
Bolsonaro was summoned to testify, but AGU appealed Celso de Mello’s decision on face-to-face testimony
In the virtual plenary session, instead of debating and reading the votes, the ministers deposit the documents in the STF system. After the vote of the rapporteur, the other members of the Supreme Court can request that the case be “removed” for trial in the face-to-face sessions, which are being held by videoconference due to the pandemic.
The investigation opened in May is based on accusations by former Justice Minister Sergio Moro. Bolsonaro denies interference with the FP. The police asked the STF for another 30 days to complete the investigation of the case. The President of the Republic appears in the investigation as being investigated.
Upon leaving the ministry, Moro said he had been under pressure from Bolsonaro to change the superintendent’s command of the Federal Police and share intelligence reports from the corporation. The STF investigation investigates whether Moro’s statements are true.
To TV Globo, Marco Aurélio Mello said that he decided to fail the appeal in the virtual plenary session because the decision is faster.
“We do not judge almost anything by videoconference, we continue in the usual slowness. We judge two processes per session, if that. In the virtual world, each minister enters the vote, and it’s your turn [o julgamento] faster. In plenary, by videoconference, we remain on the same page, not reconciling speed with content ”, he declared.
In Wednesday’s decision, the minister writes that he needs to accelerate the case.
“The crisis is acute. Without any provision for the Court to return to face-to-face sessions, jurisdiction must be possible, in a collegiate setting. processes, “says the document.
The minister decided to release the AGU’s appeal to trial after the attorney general, Augusto Aras, issued a favorable written opinion on Bolsonaro’s testimony.
The head of the PGR says there are enough arguments to revoke Celso de Mello’s position – who argued that, in the position under investigation, Bolsonaro would not have the right to choose the date, time or format of the testimony.
“It is important to highlight the inconsistency of the legal reasoning according to which the President of the Republic could not appear or, appearing, remain silent, situations in which he would not contribute anything to the ongoing investigation, but could not provide written clarifications, through a manifestation that could be considered. as an informative documentary element ”, wrote Aras.
Minister Marco Aurélio suspends investigation into possible interference by Bolsonaro in FP
As “substitute rapporteur” of the case, in the last week, Minister Marco Aurélio Mello suspended the process of the investigation that investigates the president until the appeal of the Attorney General’s Office is analyzed.
The AGU asked the STF plenary to decide whether Bolsonaro can present a written statement or not.
The Supreme President, Luiz Fux, had already indicated that he would consult with colleagues to define the best date to bring the case to plenary. One possibility was to allow the issue to be addressed after the retirement of Celso de Mello, who will leave the STF in November when he turns 75.
