The Federal Supreme Court (STF) unanimously confirmed the individual decision of Minister Kassio Nunes Marques who denied safe conduct to former President Jair Bolsonaro (PL) in the coup investigation.
A lawyer for Bolsonaro, who does not have power of attorney to act on behalf of the former president, has filed a habeas corpus to try to prevent Bolsonaro’s possible arrest. “Some, not a few, say that (the arrest) is only a matter of time,” he told the STF.
The trial was distributed to the office of Kassio Nunes Marques, prime minister appointed by Bolsonaro at the STF, in 2020. For the minister there is no evidence of illegal embarrassment or any other “obvious” irregularity in the investigations against the former president.
Another argument used to justify the decision was that Bolsonaro expressed no “interest or awareness” in the initiative, i.e. there was no consultation with the lawyers who actually represent the former president.
“The universal legitimacy of habeas corpus must be seen in a subsidiary manner, at the risk of harm to the patient himself, who may find himself hindered in his free choice of technical defense, as well as see the development of his procedural strategy influenced by this petition. “
The lawyer appealed, but Nunes Marques maintained the decision and submitted the case to the judgment of the virtual plenary of the STF, so that the other ministers could express their opinion. In this mode there is no real-time debate. Ministers record votes on an online platform, in asynchronous voting mode.
Minister André Mendonça, who also arrived at the court on Bolsonaro’s recommendation in 2021, was against safe conduct. He did not submit a written vote. The score ended unanimously. Only Minister Alexandre de Moraes, rapporteur of the investigation into the coup, declared himself banned and did not participate in the vote.
Behind the habeas corpus is the lawyer Djalma Lacerda, from Campinas (SP). He submitted numerous requests to the STF for the benefit of the former president and his allies. The list includes requests for freedom for those arrested on January 8, for the former Minister of Justice, Anderson Torres, and for the former deputies Roberto Jefferson and Daniel Silveira.
This is not an isolated movement. Other “unofficial” initiatives, i.e. carried out without consulting established lawyers, have reached the Federal Court. In February, Bolsonaro’s defense had to call the STF to have one of these preventive habeas corpus ignored.
Source: Terra
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