Minister Nunes Marques, of the Federal Supreme Court (STF), withdrew from the agenda of the Second Panel an action questioning whether Senator Flávio Bolsonaro (PSL-RJ) has the right to privileged jurisdiction or whether his case should be judged by the Court of First Instance. instance. The theme was scheduled to be analyzed this Tuesday (14).
The magistrate is the president of the class and this is the second time that the judgment of the case has been postponed. The Supreme Court will decide whether the process related to the alleged scheme of cracks in the parliamentarian’s office is or not in the Special Body of the Court of Justice of Rio de Janeiro (2nd instance).
The rapporteur of the action is Minister Gilmar Mendes. In a statement, the STF press office stated that “the complaint will not go to trial tomorrow [terça-feira]”. Flávio was a state deputy when the investigations began and now holds a position in the Senate.
For the Public Prosecutor’s Office, he has no right to court, as the facts investigated are not related to his current position. The STF has already defined that the jurisdiction by prerogative of function only involves matters related to the exercise of the position of an investigated with elective function.
In order to remove the case from Judge Flávio Itabaiana, of the 27th Criminal Court of Rio de Janeiro, Flávio’s lawyers maintain that he only changed legislative houses, and that the terms of office were sequential.