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Named as the favorite of President Jair Bolsonaro (no party) to be nominated for a vacancy in the Federal Supreme Court, federal judge Kassio Nunes Marques judged a controversial process last year: he was responsible for the decision that unveiled the tender of the STF which provided for the purchase of items considered luxury such as lobster and award-winning wines.
The episode was rescued by conservative groups that used the lawsuit to attack the possible nomination of Nunes, in an attempt to pressure Bolsonaro against the choice of the judge, who was nominated in the TRF-1 by former president Dilma Roussef (PT) and is seen in the legal environment as a judge more aligned with the profile of guarantor, who privileges the rights of the investigated, over the wing punitive, orientation identified with the performance of Lava Jato.
The case of the lobster
Nunes’ action in the case came after the STF’s offer was suspended by decision of a lower court of the Federal District Court. The lawsuit was filed by federal deputy Carla Zambelli (PSL-SP), who pointed out that there is “unnecessary luxury” in hiring.
Among the STF requests in the tender documents are lobster medallions, steamed prawns and wines that have won “at least four international awards.”
Even under criticism, the Supreme Court confirmed the hiring. The tender originally envisaged an expense of up to R $ 1,134 million, but the final value of the contract was R $ 481,720.88.
However, federal judge Solange Salgado complied with the deputy’s request and suspended the tender.
After an appeal by the STF against the decision, the case was heard by the TRF-1 (Regional Court of the 1st Region), a second instance body of the Federal Justice in Mexico City. It is up to Nunes to judge the case. At the time he was vice president of the court.
In his decision of May 2019, Nunes considered that the tender would not be “detrimental to administrative morale” and considered that the items would not serve exclusively to feed the ministers, but to the institutional events carried out by the court with the presence of authorities .
“Contract […] The intention is to train the STF to offer institutional meals to the highest national and foreign authorities, in official commitments in which the institution’s own dignity is clearly exposed, ”Nunes wrote in the decision.
The judge also stated at the time that the details of the dishes and drinks served as a reference for competing companies to present their price proposals. For the judge, the bidding process was carried out within the legal framework and the process that led to the suspension of the notice was based on a “distorted view of the facts.”
“The lawfulness and prudence with which the bidding process was carried out disallows such an idea, which reflects a distorted view of the facts, fed by superficial and timely interpretations,” said Nunes in the decision.
Who is Kassio Nunes?
The vacancy in the STF will open with the retirement of Minister Celso de Mello, scheduled for October 13.
Currently a federal judge on TRF-1, Nunes, 48, began his legal career in law. As a lawyer, he was appointed in 2008 for a judge vacancy at the TRE-PI (Regional Electoral Court of Piauí).
In 2011, he assumed the position of federal judge of the TRF-1, appointed by the then president Dilma Rousseff (PT), after having been nominated for the position on a six-fold list prepared by the Brazilian Bar Association (OAB).
He is a native of Teresina, Catholic and graduated from UFPI (Federal University of Piauí). Nunes has a doctorate in law from the University of Salamanca, in Spain, and a post-doctorate in constitutional law from the University of Messina, in Italy.
Nunes was not among the names initially cited for the nomination, such as members of the government Jorge Oliveira (chief minister of the General Secretariat and longtime friend of Bolsonaro) and André Mendonça (minister of Justice and Public Security).
The appointment of the judge, whose appointment to the Supreme Court has not yet been approved by the Senate, has the support of parliamentarians from the center, a political group that brings together several parties and that began to support the government a few months ago. One of them is Senator Ciro Nogueira (PP), who, like Nunes, is from Piauí.
