Minister André Mendonça suspended an extraordinary session of the Federal Supreme Court (STF) at dawn this Tuesday (7) by asking for more time (views) to analyze a writ of mandamus filed against a decision by Minister Nunes Marques, which restored the deputy’s mandate. state Fernando Francischini (União Brasil-PR).
With Mendonça’s request for a review, the case should be analyzed this Tuesday, from 2 pm, only by the five ministers who are part of the Second Panel of the STF. Chaired by Nunes Marques, the group will hold the so-called “decision referendum”, that is, it will decide whether to keep it or not.
understand the case
Last Thursday (2), Nunes Marques overturned the decision of the Superior Electoral Court (TSE), which in October 2021 had determined the removal of the deputy’s mandate for dissemination of fake news in 2018.
On the day of the first round of elections that year, Francischini made a live and claimed, without providing evidence, that electronic voting machines had been rigged to disrupt Bolsonaro’s election. At the time, Francischini and Bolsonaro were from the PSL.
Francischini’s impeachment by the TSE took place by six votes in favor and only one against. But Nunes Marques, in last Thursday’s decision, also reversed the ineligibility of the deputy, who should have been out of public office for eight years.
On Saturday (4), Minister Cármen Lúcia requested that Nunes Marques’ monocratic decision be analyzed by the Supreme Court, which led the president of the court, Minister Luiz Fux, to schedule the extraordinary session this Tuesday.
Carmen Lúcia’s request came after Paraná state deputy Pedro Bazana (PSD), who lost his mandate after Francischini was benefited by Nunes Marques’ decision, filed for a writ of mandamus.
PT deputy also files appeal
Federal deputy Márcio Macêdo (PT-SE) hopes that the STF will also judge the appeal filed by him after another monocratic decision by Nunes Marques last Thursday. The minister overturned the conviction of former deputy Valdevan Noventa (PL) for abuse of economic power and, as a result, Noventa’s mandate was restored in the Chamber – occupying the vacancy of Macêdo, who was the coalition’s alternate and had held the chair since the cassation.
The PT filed an appeal on Sunday (3). The party claims that Nunes Marques’ decision was “monocratic” and “strange”, and that it aims to meet the whim of the federal government – Noventa is a member of Bolsonaro’s party and an ally of the president.
The deputy was convicted of illegal fundraising and spending. According to the Electoral Public Ministry, members of the then candidate’s team enticed dozens of people to simulate campaign donations. Eighty deposits of R$1,050 each were identified, all made at the same bank branch, which raised the alarm about the possibility of fraud.
Decisions by Nunes Marques in favor of Bolsonaro
Em live on social media last Thursday, Bolsonaro celebrated Nunes Marques’ decision on Francischini’s term. At the time the president was speaking to followers, the decision on Valdevan Noventa had not yet been published.
Nunes Marques is one of Bolsonaro’s two nominees for the Supreme Court, alongside the “terribly evangelical” André Mendonça. In March, this Brasil de Fato showed a series of decisions by both that benefited the president.
As soon as he arrived at the Supreme Court, in December 2020, Nunes Marques overturned a law in Rio Grande do Sul prohibiting “trawl fishing”, a technique in which a net is thrown on the seabed and dragged by vessels – thus capturing everything that you find ahead. This was one of the flags of Bolsonaro’s anti-environmental agenda.
In another monocratic decision, the minister released services and religious manifestations in April 2021, one of the most dramatic moments of the covid-19 pandemic. The decision was in line with what the government wanted. In a collegiate decision, after discussion in plenary, the STF overturned the decision and once again allowed city halls to ban the activities.
Last September, Nunes Marques played a decisive role in the judgment of actions that questioned Bolsonaro’s decrees to facilitate access to firearms in the country: he asked for a view, which interrupted the vote when three Supreme Ministers (Alexandre de Moraes) , Rosa Weber and Edson Fachin) had already voted for the unconstitutionality of the measures.
Another trial interrupted by direct action of the prime minister appointed by Bolsonaro to the STF was that of a writ of mandamus that questioned whether the president can block followers on social networks. Nunes Marques asked for prominence, which interrupted the trial. At the time, only the rapporteur, Minister Marco Aurélio, had voted. Now retired, Marco Aurélio was replaced at court by André Mendonça, the other nominee of the current president.
Editing: Rodrigo Durao Coelho