Minister asks for view in cases involving president in the STF

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Minister André Mendonça, of the Federal Supreme Court (STF), interrupted today (12), with requests for a view (more time for analysis), the trial of a series of appeals against decisions by STF Minister Alexandre de Moraes in investigations involving the President Jair Bolsonaro.

The appeals were judged in the virtual plenary, in which ministers have a time interval to vote remotely, without live debate. In these cases, the trials had started at 00:01 on Friday (12) and were supposed to continue until August 19, but were interrupted within minutes by Mendonça’s request for views. There is no provision for the return of the cases for trial.

The only one to vote until the interruption, Moraes confirmed his previous decisions and voted to deny all appeals, two of which were presented by the Attorney General’s Office (PGR) and the Attorney General’s Office (AGU).

In search of peer support for some of his legal positions, Moraes had decided to jointly release, for a referendum in the Supreme Court, a total of 20 appeals in four investigations involving Bolsonaro or supporters of the president.

Law Suit

In one of these inquiries, Bolsonaro is investigated for having associated, in one of his Facebook lives, the vaccine against covid-19 with the infection of the HIV virus. The PGR does not agree with the opening of this investigation, on the grounds that it is already investigating the case internally, and that it would not be up to the STF to open an investigation on its own, without the Public Ministry having requested it.

Moraes voted to reject the appeal filed by the PGR, stating that the body “did not present any argument minimally able to deconstruct the understanding of the appealed decision”.

The minister argued that the Federal Public Ministry (MPF) does not have exclusivity over criminal investigations. In this case, the request to open an investigation was made by the Parliamentary Commission of Inquiry (CPI) of the Pandemic, which has legitimacy to do so, Moraes understood.

In another investigation, Bolsonaro is investigated for the alleged leak of confidential data from a Federal Police investigation into attacks on the polls. In this case, Moraes also said that it was legitimate to continue the investigations in the Supreme Court, albeit at the request of the Superior Electoral Court (TSE), and not the PGR.

The minister stated that it is “essential to adopt measures that clarify the facts investigated, especially with regard to the disclosure of a secret inquiry, which contributes to the dissemination of fraudulent news about the conduct of the Supreme and TSE ministers and against the system of voting in Brazil”.

In the vote, Moraes added that “the closure of the investigation, for lack of just cause, is absolutely premature”.

fake news

Moraes also voted to deny more than a dozen appeals in two other inquiries: one that investigates the existence of digital militias to disseminate fake news and attacking ministers of the Supreme; and another that investigates acts of an undemocratic nature, practiced during the 7th of September of last year.

In the case of the survey of fake news, for example, companies such as Twitter and Facebook seek reconsideration of decisions that determine the blocking of profiles on social networks. Some people, such as businessmen Luciano Hang and Oscar Fakhoury and deputy Bia Kicis, are asking the Supreme Court to authorize copies of documents that were denied by Moraes.

Regarding the investigation into crimes allegedly committed on September 7th, in addition to Twitter and Facebook, Google is also seeking to reverse determinations to block accounts.

Translated to english by RJ983

From Brazil, by EBC News

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