Supreme Court decides that ministers will only be tried in court if crime was committed due to the position

in May, Supreme also restricted forum of deputies and senators to crimes committed in the exercise of the parliamentary mandate.
12/06/2018 17h21 - Updated 12/06/2018 17h21
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First Panel of the Supreme Court (STF) He got it on Tuesday (12) that government ministers will only be judged in court if the alleged crime was committed because of the position and on the job.

The decision was taken by the majority of the ministers during analysis, the First Panel, a point of order on the complaint against the Minister of Agriculture, Maggi (PP-MT), currently licensed senator mandate.

in May, Supreme decided to restrict the privileged forum of deputies and senators to crimes committed while in office and because of parliamentary activity.

Analyzing the case of Maggi, First the Supreme Court Panel decided to refer the complaint to the first instance of Justice of Mato Grosso.

This is because the charges relate to the time when Blairo was governor of Mato Grosso. The suspicion is bribery for allegedly buying chair at the State Court of Auditors.

When the complaint was lodged, advising the minister said that the complaint because “deep strangeness” e “indignation” in Maggi because, second note, the case has already been filed by the Supreme Court.

Another defendant in the case, Sergio Ricardo de Almeida, is 0 counselor court MT accounts and former state representative.

Next steps
Although the understanding of most of the First Panel of ministers has been to restrict the jurisdiction of state ministers, the decision was made in a specific case. Situations involving other government ministers, therefore, may have to be re-discussed again.

Besides that, the Second Panel of the Supreme Court have a different understanding, the final word may be for the plenary of the Supreme.

Initially, the Attorney General's Office had asked for Blairo process is referred to the Supreme Court, because of the involvement of the advisor. After, the Deputy Attorney present at the session, Claudia Sampaio, adjusted understanding the RMP to be for the first instance.

The defense questioned whether the case should have another rapporteur, Minister Dias Toffoli, who had already filed an inquiry with a similar theme. this request, However, It was rejected unanimously by the Panel.

Votes two ministers
By analyzing the case, Minister Luiz Fux voted to restrict the jurisdiction of ministers and advisers of the court of auditors. Accompanied his vote the Rose Weber ministers, Luís Roberto Barroso and Marco Aurélio Mello.

“The reasoning of the judgment applies equally with respect to any hypothesis function by forum prerogative”, understood Fux.

Alexandre de Moraes dissented on the grounds that the case should go to the Superior Court of Justice (STJ), since the other accused is adviser to the court of auditors, and the Supreme Court had not restricted the forum for this function.

Regarding Maggi, However, Moraes understood that, as it is licensed senator, Bar could be applied to the restriction rule.

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