Fachin repudiates inclusion of STF ministers in CPI report: ‘Undue’
Minister Edson Fachin, president of the Federal Supreme Court (STF), repudiated this Tuesday, 14th, the inclusion of ministers Dias Toffoli, Gilmar Mendes and Alexandre de Moraes, in the final report of the CPI on Organized Crime.
The opinion calls for the impeachment of the magistrates and the Attorney General of the Republic, Paulo Gonet, for alleged actions in the Banco Master case. In a note, Fachin classified the mention of his colleagues as “inappropriate”, recorded his solidarity and highlighted the importance of respecting the independence of the Three Powers.
STF ministers react to the CPI report that calls for indictments in the Court and Gonet
Toffoli, Gilmar and minister Flávio Dino took a public stance, as did the National Association of Public Prosecutors on indictments
Gilmar Mendes says that CPI has no legal basis to indict STF ministers
Minister states that the request for indictment of members of the Supreme Court goes beyond the commission’s powers and argues that excesses should be investigated by the PGR
“Deviations from the thematic purpose of these Commissions, however, weaken the democratic pillars and threaten the fundamental rights of any citizen”, says the statement.
According to the note from the Presidency of the STF, the court recognizes the activity of Parliamentary Inquiry Commissions (CPIs) “within constitutional limits and limited to the thematic relevance that gave rise to their creation”.
“This Court is aware that it is up to everyone to respect the independence and autonomy of the Powers of the Republic, as is the centuries-old tradition of our institutions. The Federal Supreme Court reaffirms that it will remain firm in its mission of guarding the Constitution and protecting democratic freedoms”, stated Fachin.
Also on Tuesday, ministers Gilmar Mendes and Dias Toffoli spoke on the topic during a session of the Second Panel of the Court. For Gilmar, rapporteur Alessandro Vieira, a career delegate, “forgot about his fellow militiamen and decided to involve the Federal Supreme Court for having granted habeas corpus”.
In a post on X (formerly Twitter), he criticized the way the collegiate’s work was conducted. “It draws attention to the fact that a CPI established after the massacre of 120 people in Complexos do Alemão and Penha last year, did not even promote the breaking of confidentiality of militia members or members of the factions that control territories in Rio de Janeiro”.
Toffoli stated that the report has an electoral nature and that its authors could have their mandates revoked. “The Electoral Court will not fail to punish those who abuse their power to obtain votes in electoral proselytism”.
According to the report, prepared by senator Alessandro Vieira (MDB-SE), the ministers and the head of the PGR committed crimes of responsibility for actions and omissions in the Master case. However, forwarding requests have no practical effect and depend on a decision by the president of the Senate, senator Davi Alcolumbre (União-AP).
