[ad_1]
Folhapress
Bolsonaro visits STF president after ignoring Fux in electing Kassio
BRASÍLIA, DF (FOLHAPRESS) – In the midst of the controversy over the release of the PCC leader, André do Rap, and on the eve of the hearing of Kassio Nunes Marques in the Senate, President Jair Bolsonaro met this Tuesday (13) with the mandatary. of the STF (Federal Supreme Court), Minister Luiz Fux. The Chief Executive went to the Supreme Court for a courtesy visit to the Chief of the Judiciary, the first after Fux took office in September. The meeting was closed, without the presence of advisers, and lasted 40 minutes. According to the STF, the meeting was requested by the president and “establishes the institutional dialogue among the leaders and reinforces the harmony between the Powers”. Bolsonaro’s gesture this Tuesday aims to bring the Planalto Palace closer to the new Supreme Commander. Fux was withdrawn from the negotiations to elect Kassio to the STF, in the vacancy opened with the retirement of Celso de Mello. Bolsonaro preferred to prioritize the dialogue with Minister Gilmar Mendes, who is the rapporteur for the action that the special forum of Senator Flávio Bolsonaro (Republicans-RJ) can maintain in the case of “rachadinha.” The president took the elected to a dinner at Gilmar’s house, with the presence of Dias Toffoli before making the nomination official. Toffoli approached Bolsonaro in his administration at the head of the Supreme Court. On several occasions, the minister was in charge of appeasing the president’s relationship with the other branches of government. Fux, however, has told people close to him that he does not intend to maintain the same relationship and that he prefers institutional contacts, without off-agenda meetings and assistance in political disputes. Gilmar and Toffoli lead the wing opposite Lava Jato on the court, while Fux joins the opposite current, which tries to keep the operation alive. Fux took over the court on September 10, but less than a week after the ceremony he was diagnosed with a new coronavirus. In addition to him, eight other officials who were at the ceremony contracted the disease at the same time. The president of the STF stayed in Rio de Janeiro and only returned to Brasilia after being cured of Covid-19. On Saturday night (10), Fux revoked the habeas corpus granted by Minister Marco Aurélio to the leader of the PCC André do Rap. The drug lord was released on Saturday morning and the police have yet to find him. He is considered a fugitive. Marco Aurélio ordered his release based on the sole paragraph of article 316 of the Code of Criminal Procedure, which establishes the need for the Justice to review preventive detentions every 90 days. The minister stated that the courts did not re-evaluate the arrest nor did the prosecutor make a request to do so. Then he accepted the arguments of the defense. The aforementioned article reads as follows: “Preventive detention has been decreed, the body issuing the resolution must review the need for its maintenance every 90 days, by means of a reasoned resolution, ex officio, under penalty of making the detention illegal.” Marco Aurélio said that he applied the legislation because his performance is linked to legal norms. “I do not create a criterion of duty and I am not a vigilante, I do not go to justice,” he said. Fux, however, revoked the colleague’s order and pointed out that the release of the head of the PCC compromises public order and that he is a person “of proven extreme danger.” In the decision, the minister pointed out that the arrest was decreed in May 2014 by the 5th Federal Court of the Santos Judicial Subsection (SP) and was only notified five years later, in September 2019. The president of the STF also points out that habeas corpus could not be granted because “[nem] the previous instances did not even appreciate “the fact that the preventive detention has not been renewed.” This circumstance contradicts the jurisprudence of the Federal Supreme Court, which prohibits the knowledge of habeas corpus in these cases, due to the suppression of the instance, “said Fux.