Prosecutor clarifies that the legislation prohibits the participation of judges in cases of personal interest; ex-governor’s complaint points to sale of sentences by the STF minister
O Supreme Federal Court (STF) voted this Thursday, 27, against the validation of Sergio Cabral’s winning denunciation, which cites the receipt of R$ 4 million by the minister Toffoli days with the sale of favorable sentences to two candidates for mayor of Rio de Janeiro. The Supreme Court received seven votes in favor of the annulment and four against. In addition to the rapporteur Edson Fachin, Alexandre de Moraes, Gilmar Mendes, Nunes Marques, Ricardo Lewandowski, Luiz Fux and Dias Toffoli himself also voted for the invalidation. The minister vote involved, however, is the target of criticism from jurists. “A judge cannot vote in a case where he is the interested party. The law is clear in prohibiting the participation of the judge, it is a matter that goes beyond legislation, it is the good thing, it is obvious. It could never happen. This only shows that the Supreme is increasingly distant from legislation, especially when it comes to criminal and criminal matters. Under no circumstances could Minister Toffoli vote in this case ”, said the public prosecutor, Thaméa Danelon, in an interview with Jornal da Manhã, from Young pan, this Friday, the 28th. According to her, in addition to being prevented by Brazilian law, the minister’s non-participation would be a matter of “common sense”.
Thaméa Danelon believes that Thursday’s episode marks yet another Supreme Court decision against the fight to combat the corruption and that opens a loophole for new requests for cancellation. “When a decision is rendered, when an understanding is formed in the Supreme Court, a precedent is formed. What we witness is that the Supreme itself generates a lot of legal uncertainty. Look at Minister Fachin, he ratified the collaboration agreement and later he himself went back and was in favor of the annulment of the winning declaration. Justice has to give stability to the country, it has to pacify conflicts. The STF each time votes in one way”, he pondered, highlighting the seriousness of the accusations involving Dias Toffoli. “The facts are very serious, they are brought by a former governor involved in various illegal practices where he reports that the minister had sold sentences, received millions of reais, this is very serious. Any judge who sells a sentence is already very serious, let alone an eventuality of an STF minister. When the STF incorporates the spirit of self-protection, it does not protect the institution, it weakens the Supreme itself.”
To change this situation, the prosecutor of the Republic points out that it also depends on the participation of society, which must be “vigilant and demand an adequate posture from the ministers”. “It is unacceptable for them to attempt against the Constitution and against the Code of Criminal Procedure. The population needs to be attentive, the press, the jurists point out these flaws, these irregularities. I believe that it is possible to change these understandings that sometimes violate the law itself ”, he said, citing as an alternative the proposal that discusses the establishment of mandates to the ministers of the STF. “This movement [combate à corrupção] it should come from the Legislative and the Judiciary. And the ultimate example, which is the STF, has only issued decisions that are contrary to this purpose”, he concluded. According to the advice of the Supreme Court, the forecast is that the judgment on the validity of Sergio Cabral’s winning denunciation ends this Friday. Opposing the annulment are ministers Marco Aurélio, Rosa Weber, Carmen Lúcia and Luís Roberto Barroso.