Gilmar Mendes quips decision of Marcus Aurelius: 'Whenever teaching us’“I also did not know impeachment of Vice President. It's all new to me. But the Minister Marco Aurelio is always teaching us”, the minister said.
Minister Gilmar Mendes, do Supremo Tribunal Federal (STF), He joked on Tuesday, 5, the decision of Minister Marco Aurelio Mello to determine the continuity of the application against Michel Temer in the House and said he had no knowledge, na lei, forecast impeachment of Vice President of the Republic.
“I also did not know impeachment of Vice President. It's all new to me. But the Minister Marco Aurelio is always teaching us”, the minister said sardonically.
However, although the law 1.079 from 1950, which defines the crime of responsibility and regulates the process of impeachment, do not talk about the vice president impediment, the article 52 the Federal Constitution speaks of the Senate's jurisdiction to prosecute and judge both as vice president for the crimes provided for in the law of impeachment.
according to Gilmar, already there is an understanding in the Court that it is only the Speaker of the House accept or complaint against a head of state. The evaluation of the minister is based on orders given by Teori Zavascki and Rosa Weber ministers last year an injunction and a claim questioning the rite established by the Mayor, Deputy Eduardo Cunha (PMDB-RJ) to proceed to the request against President Rousseff.
The decision of Minister Marco Aurelio on the request against Temer was monocratic and had been leaked, by an error, by the advice of the Supreme Court last week. According to the minister, Wedge went beyond their duties to file the claim against the vice president. The order takes effect from now, but Cunha can still appeal and bring the discussion to be decided in plenary.
Mendes said that the Court will need to decide if the appeal has suspensive effect or not. by case law, However, it is not suspensive appeal injunction in. The device serves to attack the decision of any authority, and it is obliged to abide by the determination while waiting for the analysis of the case by the plenary.
With the opening of a special commission, Fear will be in the same condition of President Dilma Rousseff, which is impeachment request analyzed by an open target special commission the Board wedge If disobey the injunction Marco Aurelio, the mayor may be imprisoned.
The advisory Temer said the vice president will not rule. The understanding is that the case should be settled only between the mayor, who has questioned the filing act, and the Supreme.
Known as the minister more government opponent in Court, Gilmar Mendes brings together the lawsuits challenging the tenure of former President Luiz Inacio Lula da Silva as chief minister of the Civil House. Minister's critics claim that it assumes different positions when considering issues related to the government and, mainly the PT.
Yesterday, Lula advocates have spoken to the Minister Gilmar Mendes criticizing the actions of the judge Sergio Moro, leading to Lava jet in the Federal Court of Curitiba, and suggest that the magistrate tries to intervene in the country's political organization. Gilmar Mendes said, now, awaits the manifestation of the Attorney General's Office (PGR) on case and should release it to the plenary of the trial next week.