Minister André Mendonça, of the Federal Supreme Court (STF), asked for a view, in the early hours of this Tuesday (7), in the judgment of the decision of Minister Nunes Marques that allowed federal deputy Fernando Francischini (União Brasil-PR) to resume his mandate.
Minister Cármen Lúcia is the rapporteur of a writ of mandamus presented against the decision of Minister Kássio Nunes Marques that overturned the impeachment imposed by the Superior Electoral Court against Francischini. She didn’t get to vote.
The deputy was convicted by 6 votes to 1 by the TSE for having released false information about electronic voting machines during the 2018 election, when he was elected state deputy for Paraná.
The action was presented by one of the politicians affected by Nunes Marques’ decision.
With the decision of the TSE to remove Francischini, four seats were opened in the Legislative Assembly of the State of Paraná. Pedro Paulo Bazana (PSD), one of the affected politicians, appealed to the STF against the decision, claiming that he had “net and certain rights affected by the decision of the Honorable Minister Defendant, due to his absolute incompetence and fraud in distribution”.
Another deputy affected by the decision, Nereu Moura, also appealed to the Supreme Court, but through another legal instrument, a request for suspension of provisional guardianship, which is automatically distributed to the president of the STF, Minister Luiz Fux.
The judgment took place by the virtual plenary of the STF (that is, there is not a session for the reading of each vote, and each minister will register his position in the system of the Supreme).
Second Class Judgment
The Second Class of the STF will judge this Tuesday (7) the action that suspended the cancellation of the mandate of state deputy Fernando Francischini.
The 2nd Panel of the STF is composed of ministers Nunes Marques, Gilmar Mendes, Edson Fachin, Ricardo Lewandowski and André Mendonça.
Source: CNN Brasil
