Fux's plan pushes the vote to next week.
The judgment on the appeals for clarification in Criminal Action 470 will not have any votes cast today; the rapporteur for the appeals, Luiz Fux, suggested that, first, the ministers hear, for the second time, the arguments of the lawyers for each defendant who appealed for the crime of forming a criminal organization, which he described as a "deference to the defense"; Fux read reports on the cases of José Dirceu, José Genoino, and Delúbio Soares; the Attorney General of the Republic, Rodrigo Janot, will also speak, representing the prosecution.
247 - Brazilian Supreme Court Justice Luiz Fux proposed, during a session of Criminal Action 470 this Thursday, the 20th, that all appeals related to the crime of forming a criminal gang be judged first. His suggestion, however, is that the court hear the oral arguments of each defendant's lawyers again, and only after that should the justices deliver their votes, which will not happen today. The lawyers have already begun their presentations. Following them, the Attorney General of the Republic, Rodrigo Janot, representing the prosecution, will speak.
Below is a news report from Agência Brasil:
Brazil's Supreme Court begins hearing new appeals in the Mensalão corruption case.
André Richter - Reporter for Agência Brasil
The Brazilian Supreme Court (STF) began the hearing to judge the new appeals in Criminal Action 470, the mensalão (monthly allowance) case. The justices will decide whether the convictions of those who received four votes for acquittal on the charge of forming a criminal organization during the main trial in 2012 can be reviewed. The appeals will be judged individually. Therefore, the justices' votes will not be cast in this Thursday's session; there will only be oral arguments from the lawyers, each lasting 15 minutes. The hearing is not expected to conclude today.
The session began with the reading of the report on the appeals by Minister Luiz Fux. Following this, the Attorney General of the Republic, Rodrigo Janot, will speak, presenting the prosecution's case for 30 minutes, followed by the defense lawyers. If the defendants' arguments are accepted, the decision could reduce the final sentences of nine convicts who are imprisoned for crimes for which no further appeals are possible, such as corruption.
The appeals to be judged are from former Chief of Staff José Dirceu, former congressman José Genoino, former PT treasurer Delúbio Soares, and former Banco Rural executives José Roberto Salgado and Katia Rabelo. All appeals relate to the crime of forming a criminal organization. Appeals from other defendants contesting their money laundering convictions were not included on the agenda and are expected to be judged next week.
Dirceu is serving a sentence of seven years and 11 months in a semi-open prison regime, and if his appeals are rejected, he could serve ten years and ten months in a closed regime. Genoino was sentenced to six years and 11 months, but is initially serving four years and eight months. Delúbio was sentenced to a total of eight years and 11 months and is serving six years and eight months.