Barbosa can decide alone on the issuing of sentences, says Fux.
“The result has already been proclaimed. It would make no sense to bring this matter to the plenary again. It would only provoke more debate. Now it's just a matter of executing the sentences. He can do that unilaterally,” stated Fux. According to him, Joaquim Barbosa left the session early on just to assess the situation of the defendants and, from there, define how each one begins to serve their sentences,” said Minister Luiz Fux, after the plenary session this Thursday.
247 - Brazilian Supreme Court Justice Luiz Fux said on Thursday (14) that the court's president, Justice Joaquim Barbosa, should issue arrest warrants for those convicted in Criminal Action 470, the mensalão scandal, without consulting the full court. According to Fux, the president of the Court, as the case's rapporteur, can decide on the matter on his own.
“The result has already been proclaimed. It would make no sense to bring this matter to the plenary again. It would only provoke more debate. Now it's just a matter of executing the sentences. He can do that unilaterally,” Fux stated. According to him, Joaquim Barbosa left the session early on just to assess the situation of the defendants and, from there, define how each one begins to serve their sentences.
Minister Dias Toffoli has a different position. According to him, the rapporteur will have to wait for the formal announcement of the results of Wednesday's session. Only then could he issue the arrest warrants.
Check out the article about the Agência Brasil case:
Joaquim Barbosa will decide on the imprisonment of those convicted in the Mensalão scandal.
From Agência Brasil
Brasilia – The decision on the sentencing of the defendants convicted in Criminal Action 470, the mensalão trial, will be made by the president of the Supreme Federal Court (STF) and rapporteur of the case, Joaquim Barbosa. It was expected that the matter would be decided in today's session, but the issue was not brought to the plenary. The decision can now be made by the rapporteur because the Supreme Court published the result of the judgment today (14), in the early evening.
Initially, 16 defendants may have their sentences executed immediately. Four will serve time in a closed regime, seven in a semi-open regime, and two in an open regime, in addition to three alternative sentences. However, the official list of prisoners has not yet been released by the Supreme Federal Court.
When the arrests are determined, it will be up to the Federal District Criminal Execution Judge to execute them. All prisoners must be transferred to Brasília, but they may request to serve their sentence in the cities where they live. The arrests must be carried out at the beginning of next week, due to the Republic Proclamation holiday, tomorrow (15).
The decision on sentencing was taken yesterday (13) after the ministers rejected the second motions for clarification filed by the defendants convicted in the case. The ministers followed the dissenting vote of Teori Zavascki. He understood that all defendants could have their sentences executed, except for the crimes in which they questioned the convictions through the motions for clarification, a remedy provided for defendants who obtained at least four votes for acquittal.