Marco Aurélio says that Lula’s petition sent to him was ‘intercepted’ and forwarded to Luiz Fux – 06/11/2021 – Mônica Bergamo

STF (Supreme Federal Court) Minister Marco Aurélio Mello sent an official letter to his colleagues denouncing that a petition by Lula’s lawyers addressed to him was “intercepted” before reaching his office and forwarded directly to the President of the Court, Luiz Fux.

According to Marco Aurélio, a request made by the PT’s supporters did not “deserved its own dynamic”.

“The Judiciary Secretariat has always sent a petition to the recipient. It so happens that the attached petition, by the petitioners Cristiano Zanin Martins and others [advogados de Lula], alluding to habeas corpus having as a patient the ex-president of the Republic Luiz Inácio Lula da Silva, dated May 31 of the current year, addressed to me, did not deserve its own dynamic. It was ‘intercepted’ and sent directly to the Presidency, to Your Excellency’s office”, wrote Marco Aurélio Mello in the official letter 21/2021.

“May the ‘strange times’ not reach the organization of the Court”, concludes the magistrate, notifying that he made the record “with a copy to colleagues” of the court.

On May 31, the Teixeira Zanin Martins office sent a petition to Marco Aurélio asking him to officiate Fux so that the president of the Supreme Court could guide the suspicion of former judge Sergio Moro in the case of the triplex.

The magistrate, who asked to see the case, had already returned the case for trial more than a month ago. But Fux had not yet set a date for the resumption of the debate — which was later set for Wednesday (23).

Fux’s actions have upset court ministers, who believe he is trying to interfere in other cabinet processes.

Another example, in addition to the one mentioned in Marco Aureio’s letter: the president of the Court would be intercepting actions related to Covid-19 that should be judged by Minister Ricardo Lewandowski and determining that they be redistributed to other cabinets.

As Lewandowski was drawn for the first action on the subject, he would be preventive for all that came next related to the subject.

But that is not what has happened.

In the case of Copa América, for example, one of the actions, filed by the PT, questioning the tournament, was with the minister.

But two others, moved by the PSB and the Confederation of Workers, were sent for drawing. And the rapporteur of the case ended up being Minister Carmen Lúcia.

In another example, Fux sent for a draw the request of governors not to testify in the CPI.

In the understanding of Court magistrates, the suit should remain with Lewandowski. He had already been drawn beforehand to judge the request of General and former Health Minister Eduardo Pazuello, who wanted to have the right to remain silent at the CPI.

But the case of the governors ended up being drawn by lot and fell to Minister Rosa Weber.

From then on, new requests, such as that of the governor of Amazonas, Wilson Lima (PSC), were sent to the magistrate. On Wednesday (9), she decided that he would not need to attend the commission.

Fux did the same with the request of the secretary of Labor Management and Health Education, Mayra Pinheiro, the chloroquine captain. Her request for habeas corpus to remain silent at the CPI was sent for a draw by the president of the STF and fell with Minister Gilmar Mendes.

Mendes, however, took into account that Lewandowski was preemptive in analyzing the issue and returned the process.

The piece was forwarded to Lewandowski.

Prevention is a rule of the court to avoid conflicts of jurisdiction and dissonant decisions by ministers on the same issue.

OTHER SIDE

In a statement, the president of the STF denied that he had intercepted a petition addressed to minister Marco Aurélio. According to him, the electronically filed petitions are directed to the rapporteurs of the processes —in Lula’s case, to Minister Edson Fachin.

That’s why she wouldn’t have gone through the Presidency. He says that he talked to his colleague and that everything “was cleared up”.

About Ricardo Lewandowski’s processes, he states that “there is no prevention for the pandemic” and that “it follows the rules of distribution or eventual prevention based on technical, legal and regimental criteria, without giving preferences or privileges to any part of the processes” .​

Read, below, the full note from Minister Fux’s advisory:

“In relation to Minister Marco Aurélio Mello’s letter pointing to a petition addressed to him ‘intercepted’ by the Presidency, it should be clarified that, in the current dynamics of the court, with electronic processes, when a petition is filed electronically – in a process which already has a rapporteur – the document is available for analysis that rapporteur, who decides on the referral to other offices.

In the specific case, as shown in the procedural progress available on the Court’s website, the aforementioned petition was correctly forwarded to the Office of the Rapporteur, Min. Edson Fachin, and was not processed by the Presidency.

As a result, there is no possibility of a petition being intercepted. After minister Marco Aurélio’s letter to other colleagues, pointing out the strangeness, the president of the STF, minister Luiz Fux, explained this dynamic to minister Marco Aurélio and everything was clarified.

As for Minister Ricardo Lewandowski’s prevention for Covid cases, prevention, technically, does not take into account broad themes. There is no pandemic prevention. So much so that there are cases about Covid-19 in practically all STF offices. Prevention is specific to the topic dealt with in that process.

Regarding CPI cases in progress in the Senate, Minister Ricardo Lewandowski was drawn – as provided for in the general rule – for the first habeas corpus filed. Then, Minister Gilmar Mendes was drawn, who asked Lewandowski for prevention analysis. In this case, it was verified that the two patients (authors of the request) responded together to the same procedure opened by the Public Ministry. Therefore, Minister Lewandowski was considered preventive for the second case.

However, the jurisprudence of the STF determines that there is no prevention for different patients called by the same CPI. We located at least eight precedents from other CPIs, in which there was no single reporter: HC 129,213, HC 129,929, HC 150,180, HC 150,294, HC 151,457, HC 169,821, HC 168,866, HC 171,438.

For this very reason, the ADPF of the governors was distributed freely, by drawing lots, to Minister Rosa Weber, who became preventive to analyze the identical request made by Governor Wilson Lima in habeas corpus.

In light of the above, the Presidency of Minister Luiz Fux informs that it follows the rules for distribution or possible prevention based on technical, legal and regimental criteria, without giving preferences or privileges to any part of the processes.”

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