Toffoli will judge request to cancel the search Gleisi apartment and Paulo BernardoMinister Celso de Mello resigned as rapporteur of the case in the Supreme Court.
Minister Celso de Mello, do Supremo Tribunal Federal (STF), resigned as rapporteur of the process in the Senate asks to be set aside the search and seizure made last week in the apartment where he lives Senator Gleisi Hoffman and her husband, former Minister Paulo Bernardo. The case was referred to the Minister Dias Toffoli, which is also habeas corpus request of the rapporteur filed by Paulo Bernardo. Yesterday, Toffoli gave the benefit to the former minister. Now, will judge whether to keep or not the validity of the operation on the property.
in the decision, Celso de Mello argued that the two processes on the same subject - so, They could not get into the hands of different rapporteurs. He transferred the action of the Senate to Toffoli because the colleague had already dismissed the application for habeas corpus. "In view of the fact, procedurally relevant, that the minister Dias Toffoli preceded me in the practice of decision-making act, I understand, the best opinion, that is found configured, in kind, its jurisdiction because the criterion of prevention ", She explained Celso.
Lawyers Senate want all the evidence gathered in the residence are invalidated to justice, because the judge Paulo Bueno de Azevedo, from Sao Paulo, I could not have given the steps. According to the lawsuit, this assignment would be exclusive of the STF, because the senator is entitled to special privileges - even if the target of the operation was the husband, and not the parliamentary. The functional property where they live is owned by Senate.
The action carries the signature of the Advocate General of the Senate, Alberto Cascais. According to him, when I learned that the search and seizure would be held in the house of a senator, the judge should have referred the case to the Supreme Court. "There is a clear reversal of the role that you should fit the occasion: before the evidentiary proceeding that may be imposed on the person forum prerogative, his duty was to refer the matter to the Supreme Court ", says defense. The request was drawn to the Rapporteur Minister Celso de Mello, which has no deadline to decide.
The lawyers also stated that the warrant for search and seizure is "completely generic, not allowing the implementing body effectively separate which was owned by the Senator what actually was referring to her husband - if that would be possible ". The lawsuit also says that "the functional properties administered by the Senate are considered as dependencies under their responsibility". That is why, any step in the apartment.