Contrary to the result of the trial last Tuesday (7th), which overturned the injunction that suspended the impeachment of state deputy Fernando Francischini (União-PR), minister Kassio Nunes Marques has a better chance of being victorious in the trial scheduled for tomorrow at the Supreme Court. Federal Court (STF).
Valdevan Noventa (PL-SE) was also benefited by an injunction by Nunes Marques that overturned the Superior Electoral Court’s (TSE) conviction.
The case has some similarities: the two deputies are Bolsonaristas and were benefited by an injunction last week signed by Nunes Marques, who was appointed by President Jair Bolsonaro (PL) to a seat in the STF. But the similarities end there.
Francischini had his mandate revoked for abuse in the use of the media, when he disseminated false news that the electronic voting machine was rigged in 2018.
The Second Panel of the STF overturned the injunction granted to Francischini for agreeing with the hardening of the Electoral Justice in the fight against the spread of fake news in an election year.
On the other hand, Valdevan Noventa had his mandate revoked for abuse of political power, a crime that has more consolidated jurisprudence in the Electoral Justice.
Nunes Marques overturned the TSE’s decision because he considered that the defense had been curtailed. With the injunction, the parliamentarian has the right to appeal the conviction while still in office.
The ministers of the Second Panel can legitimize Nunes Marques’ decision in this case more easily than in the Francischini case. This is because there is no weight to support the fight against fake news in the Valdevan case.
Another detail: the Second Panel has ministers with a guarantor profile, that is, who prioritize the right of defense of those investigated, to the detriment of a more punitive profile, which interprets Criminal Law more severely.
Another difference in relation to the two cases: Francischini was tried in the physical plenary of the Second Panel, with transmission of the session over the internet and also with debate between the ministers. Valdevan will be tried in the virtual plenary, a system in which ministers do not debate and post their votes in writing in an internal system.
The result of the trial must be announced on the same day. This Friday’s judgment (10) will also serve as a thermometer to verify how isolated Nunes Marques is in the Court.
The two injunctions generated criticism from STF ministers, who considered the minister’s attitude to overturn a collegiate judgment of the TSE with an individual decision.
Source: CNN Brasil
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