Minister Fux extinguishes action of AGU and Lula follows prevented from taking ministryThis means that cases involving the former president following within the jurisdiction of the Federal Court of Curitiba.
The Union Attorney General obtained, at the end of the second night, his first defeat in deranged struggle to ensure Lula the post of Minister of Governance.
The AGU and the defense of the former president, acting in a partnership that humiliates Republic, They decided to appeal to the Supreme with a storm of actions to try to secure the appointment. The presidential act, as we know, it was suspended, on a preliminary basis, by Gilmar Mendes, serving the writ of mandamus filed by the opposition.
As a result of the suspension of appointment, processes involving Lula become the jurisdiction of the Federal Court of Curitiba, since the Dilma's predecessor follows not entitled to special privileges by function prerogative. Ahead.
In this second, neglecting-se, once again, Good legal standard astonishing way, a AGU, whose owner is José Eduardo Cardozo, He filed a writ of mandamus against the decision of Gilmar Mendes. It's a sad thing. Cardozo is a law professor. His students must have felt humiliated.
At the end of the night, Minister Luiz Fux extinguished this action AGU without even taking notice of it. It recalled the obvious: "O Supreme Federal Court, long ago, became inadmissible the petition for writ of mandamus against decision-making acts of judicial nature, whether delivered by his ministers, monocratically, or its collegiate bodies ".
What is a decision-making act of "national character"? It is simply the decision of a judge or a board of judges.
What does that mean? The Item LXIX of Article 5 of the Constitution states that grant injunction to protect a clear legal right, not covered by habeas corpus or habeas data, when the charge of illegality or abuse of power is a public official or corporate agent in the Government assignments exercise.
Sim, a judge, as Mendes, It is a public authority.
It happens that the Item II of Article 5 of Law 12.016 clearly states that do not grant an injunction in the case of "judicial decision that fits suspensive effect of appeal". Or another: the instrument to challenge the decision of a judge or a collegial, as a rule, It can not be sent to security.
Cardozo filed the warrant on Monday because the other AGU shares to try to secure the post of minister Lula should only be judged on the day 30. The government has filed a special appeal to the full manifest on the injunction Mendes. Also filed another strange feature that calls for the suspension of all actions against possession until Teori Zavascki not place on two ADPFs (Accusation of breach of fundamental precept) filed by the opposition. It is worth mentioning: Cardozo wants to use actions of those who do not want Lula minister to do so minister.
In the injunction which Fucs not learned, AGU classified the illegal Mendes decision, accusing him of having anticipated his judgment about and have connection with one of the lawyers who appealed against Lula's appointment.
They know what is impressive? Cardozo appealed to the Supreme, apparently, without regard to the law and jurisprudence. And he's Advocate General of the Union.
forget. The government has reached the end of the line.