RIO DE JANEIRO, BRAZIL – On Wednesday, September 16th, President Jair Bolsonaro filed an appeal with the Federal Supreme Court (STF) against Justice Celso de Mello‘s decision that the President should give a deposition in person as part of the investigation to determine whether or not he tried to interfere politically with the Federal Police.
The President’s defense aims to safeguard Bolsonaro’s right to give his deposition in writing. Among the Supreme Court precedents used by the Attorney General’s Office (AGU) was the ruling handed down in 2017 by Justice Luis Roberto Barroso, allowing then-President Michel Temer to provide written testimony on an investigation involving irregularities in the port sector.
“It should be noted: no privilege is requested here, but rather strictly similar conditions in very recent precedents by this same Supreme Court,” the AGU told the STF.
The assessment of senior members of the government was that challenging the different approach to Jair Bolsonaro as compared to other presidents who also gave depositions was warranted.
In the appeal, the AGU calls for Celso de Mello’s decision to be reconsidered or for the determination of the in-person deposition to be suspended until the appeal is judged by the STF.
Decision
Last week, Justice Celso de Mello disclosed his decision in which he opposed the Prosecutor General, Augusto Aras, and ordered that Bolsonaro give a personal deposition in the inquiry into his alleged interference with the Federal Police, which was opened after the denunciation by ex-Minister of Justice and Public Safety, Sérgio Moro.
The dean of the Supreme Court failed to adopt the procedure suggested by the head of the Federal Prosecutor’s Office, for whom the deposition could be taken in writing.
In his decision, Celso de Mello pointed out that the option of a written deposition is a prerogative of presidents only when they are witnesses, and not when they are under investigation – which is the case. The investigation was opened in April after Sérgio Moro resigned pointing to undue interference in the Federal Police. The ex-Minister handed in his resignation for refusing to agree with the dismissal of the Director-General of the Federal Police, Maurício Valeixo, decided by Bolsonaro.
Reporting on the case, Celso de Mello also authorized Moro to submit questions to be answered by the President. The questions should be submitted through the ex-Minister’s attorneys.
In June, in a statement at the Alvorada Palace, Bolsonaro said he believed the inquiry would be dismissed and that he saw no problem in providing a personal deposition.
“I think that this inquiry in the hands of Celso de Mello (of the Federal Supreme Court) will be shelved. The Federal Police will listen to me, they are deciding if it will be conducted in-person or in writing, it doesn’t matter to me. In writing, I know there is great security in the answer because one does not hesitate. In person one may hesitate, but I’m not worried about that. I can talk in person with the Federal Police, without any problem,” said the President at the time.
Justice Celso de Mello has been on medical leave since August 19th. However, the dean of the Court, who retires in November, quotes an article from the Organic Law of the Magistracy (Loman) that allows him to disclose decisions that were ready before the withdrawal period. Celso’s decision is dated August 18th.
Source: Estadão Conteúdo