The Federal Supreme Court (STF) is due to judge this Tuesday (7), in an extraordinary session in the virtual plenary, the suspension of the order of Minister Kassio Nunes Marques who restored the mandate of state deputy Fernando Francischini (União Brasil-PR), revoked. in October last year by the Superior Electoral Court (TSE).
The president of the STF, Minister Luiz Fux, was the one who scheduled the meeting after a request from Minister Cármen Lúcia, rapporteur of the Writ of Mandamus (MS) 38599, filed by state deputy Pedro Paulo Bazana (PSD), who now occupies a vacancy in the Assembly. Legislature of Paraná as a result of Francischini’s impeachment.
Fux wrote that “considering the justified exceptionality of the case and the express provision of art. 21-B, § 4, of the RISTF and art. 5-B of Resolution No. 642/2019, I accept the request made by the eminent Minister Rapporteur, for inclusion of the fact in an extraordinary virtual session of the Plenary of this Court, beginning on 06.07.2022, at 00:00, and ending on 06.07.2022, at 23:59”.
In the virtual plenary, ministers cast their votes in the STF’s electronic system within the established period, without debate in the physical plenary.
Accusations against Francischini
Nunes Marques’ decision to reinstate Francischini’s mandate took place on Thursday (2). Francischini was accused of spreading false news about fraud in electronic voting machines during the 2018 elections. He was elected to the post of deputy by the PSL (currently União Brasil).
At the time, ministers Edson Fachin, Alexandre de Moraes, Luís Roberto Barroso, Mauro Campbell and Sérgio Banhos followed the understanding of the rapporteur, minister Luis Felipe Salomão, who voted in favor of the impeachment and ineligibility of the parliamentarian for eight years. Carlos Horbach, in turn, voted differently from the others.
extraordinary session
In the session, the ministers of the STF should evaluate the action of Pedro Paulo Bazana, in which he says that he is on the verge of being removed from the state legislature in the face of the decision of minister Nunes Marques.
He alleges that the parties “undertaken a maneuver to remove Minister Cármen Lúcia from the rapporteurship of the case, with the ‘false premise’ that it was a case related to the Arguição de Descumprimento de Preceito Fundamental (ADPF) 761, reported by the minister”.
In addition, Bazana states that, given the fact, “there is no other way than the absolute nullity of all acts contaminated by this fraud”. He also argues that the minister’s decision removed the understanding of the Electoral Justice applied to the case.
Discord in the Supreme Court
On Monday (6), a part of the STF ministers were upset with the attitude of minister Cármen Lúcia to ask for judgment of the appeal to Nunes Marques.
According to interlocutors at the Court, it is most likely that one of the ministers will interrupt the trial. When this happens, the case is transferred to the physical plenary.
The trend of the trial, whether in the virtual or physical plenary, is for the STF to overturn the injunction of Nunes Marques and restore the case law of the TSE.
*With information from Carolina Brígido and Thais Arbex, from CNN, and from Portal STF
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
