"Everyone has the right to a second trial."
Brazilian Minister of Education, Aloizio Mercadante, defends the acceptance of the dissenting opinions by the Supreme Federal Court in Criminal Action 470; "Every citizen has the right to a second trial. It is a principle of the UN Charter of Human Rights. As this is a special forum, the trial already begins in the last instance, the dissenting opinions are what make the right to a second trial possible," he stated.
Yara Aquino*
Reporter from Agência Brasil
Brasilia – The Minister of Education, Aloizio Mercadante, defended today (11) the right of the defendants in Criminal Action 470, the mensalão trial, to a second trial when asked by journalists about the matter. In an interview this Tuesday (10) with the Perseu Abramo Foundation, the former Minister of the Civil House, José Dirceu, who is awaiting a decision from the Supreme Federal Court (STF) on the declaratory appeals filed by his defense, said that he intends to appeal to the Inter-American Court of Human Rights of the Organization of American States (OAS).
"Every citizen has the right to a second trial. It's a principle of the UN Charter of Human Rights. Since this is a special forum, the trial begins at the final instance; it is the appeals process that allows for the right to a second trial," said Mercadante.
He participated today (11) in the Bom Dia, Ministro program, produced by the Secretariat of Social Communication of the Presidency of the Republic, in partnership with EBC Serviços. On leaving, in a press conference, he was asked about the mensalão trial and analyzed the process that is underway in the Supreme Court.
"So, whoever had a close vote, since there are two new judges [ministers] on the Court, it can alter the result, which would be the right to a second trial that every citizen has. Therefore, from a legal standpoint, without going into the merits of each case, I believe that a second trial is a fundamental principle in civilized society."
According to his lawyers, Dirceu may appeal to the Inter-American Court of Human Rights, arguing that he needs to be judged by a second court, in addition to the Supreme Court. The former minister could argue that the principles of international law, which establish judgment by more than one instance, were disregarded.
Although the appeal for clarification is provided for in the Internal Regulations of the Supreme Federal Court (STF), a law enacted in 1990 regarding the functioning of superior courts makes no mention of the use of this tool in criminal matters. For some justices, this means that the appeal has been revoked.
The Supreme Court is due to decide today whether 12 defendants convicted in the case are entitled to a new trial by way of an appeal. The trial was interrupted on Thursday (5) so that defense lawyers could comment on the validity of the appeals.
If accepted, the appeal could allow for a new trial when there are at least four votes for acquittal. This situation applies to at least 11 defendants: João Paulo Cunha, João Cláudio Genu, and Breno Fischberg (for the crime of money laundering); José Dirceu, José Genoino, Delúbio Soares, Marcos Valério, Kátia Rabello, Ramon Hollerbach, Cristiano Paz, and José Salgado (for the crime of forming a criminal organization); and Simone Vasconcelos (review of sentences for money laundering and tax evasion).
*Renata Giraldi contributed to this report.
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