Brazil: New STF Justice Mendonça will inherit cases against Bolsonaro

RIO DE JANEIRO, BRAZIL – When taking office this Thursday as a Supreme Court (STF) Justice, André Mendonça will be in charge of at least 997 proceedings in his predecessor’s office, Justice Marco Aurélio Mello. Of these, 967 were reported by the former dean of the Court and will now be reported to Mendonça.

The proceedings are varied and will cover controversial topics, such as appeals by President Jair Bolsonaro. One of them examines if Bolsonaro may block followers on his social networks.

In November 2020, Marco Aurélio ruled that topics addressed by the President on his social networks are of public relevance and, sometimes, these channels are used to announce official acts. Thus, the head of the Executive may not block other profiles simply for having been displeased.

According to the then Supreme Court Justice, “it is not up to the President of the Republic to play the role of censor of statements on social media.”

The case began to be voted on in the virtual plenary, but will be analyzed in the physical plenary due to a request for clarification. The new Justice may not agree with his predecessor and may change his vote. There is still no date set for the case to be heard.

Mendonça also takes over the reporting of an appeal by the Patriota Party against the STF ruling that banned imprisonment after a second instance conviction. The new Justice will also report on weapons decrees. This lawsuit concerns decrees of the Bolsonaro government that eased the acquisition of weapons.

Most of them have been suspended due to injunctions by Justices Edson Fachin and Rosa Weber. However, the trial will be resumed to analyze its substance.

Described by the President as a “terribly evangelical” Justice, Mendonça will also be the presiding judge of a case that will define the fate of transsexual and transvestite prisoners. In this case, the Justices will determine if prisoners with female gender identity may choose the prison in which they will serve their sentences.

CHAMBER PRESIDENT

Another sensitive case to be handled by Mendonça is an inquiry into Chamber of Deputies president Arthur Lira. The Court’s 1st Panel has previously accepted a complaint against Lira in a case involving alleged bribery. Lira is one of Bolsonaro’s main supporters, who appointed Mendonça to the Court.

ANDRÉ MENDONÇA

The ex-Minister of Justice and former Federal Attorney General André Mendonça will take the seat left by Marco Aurélio Mello, who retired in July this year. The swearing-in ceremony will take place this Thursday, December 16, at 4 PM.

Mendonça completes the 11 Court Justices, which had been short-staffed since Marco Aurélio’s departure. The new Justice will also be part of the STF’s Second Panel. The panel currently comprises Justices Nunes Marques, Gilmar Mendes, Ricardo Lewandowski, and Cármen Lúcia.

Mendonça takes office one day before the last session of the year. President Jair Bolsonaro on Wednesday submitted a negative PCR test for Covid-19 and will be able to attend the ceremony. In all, 60 people are expected to be present.

All will be required to provide proof of vaccination or a PCR test taken up to 72 hours before the ceremony.

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