Network wants Gilmar be prevented from granting habeas corpus in the process on another topicO partido também questionou a isenção do ministro para julgar o político, porque já tinha dado declaração à imprensa sobre o assunto.
The net , partido da ex-presidenciável Marina Silva , entrou com uma ação no Supremo Tribunal Federal (STF) pedindo que o ministro Gilmar Mendes seja impedido de conceder habeas corpus no processo que trata da legalidade de conduções coercitivas. Last month, this process, o ministro concedeu um habeas corpus ao ex-governador do Paraná Beto Richa e ao irmão dele, former Secretary of State José Richa Filho, known as Pepe Richa. The two brothers are investigated for alleged irregularities in highway concessions in the state.
The process in which Mendes made the decision deals with the general rule of conduction coercive, no specific cases. The action reached the Supreme Court in March 2017 and has not yet been tried in plenary. The Minister Carmen Lucia was drawn to report the request of the Network. The party also asks Mendes is declared unable to hear cases relating to Operation radio Patrol, which resulted in the arrest of Richa and their allies.
In the same action, Network wants habeas corpus granted to Beto are revoked and Pepe Richa. According to lawyers, Mendes would have passed that is rapporteur of the action that is a broader question to release the two brothers. If they had filed habeas corpus without connection to the coercive action on conveyances, requests of the brothers could have been drawn to the Rapporteur of another minister. "The minister misrepresented the reality and fabricated rule preventing the flavor of the investigated, absolutely extravagantly, attracting undue competence ".
Also according to the Network action, there is no evidence that the motivation of the arrest of Beto Richa was political, as said Mendes to release the toucan.
"This kind of allusion, devoid of minimum concrete and cast into the wind previous form and in dialogue with journalists, prevent the magistrate may become subject of the judge criticized for it publicly in advance. Clearly the issue of prejudgment. Ask if: after having publicly said everything I said about the concrete cases that did not know and of whom had only heard, as he could recant when asked to rule as a magistrate in the records?”, questions the Network Defense.