XP condemns the Justice Minister for becoming Weintraub's lawyer.
The fact that Weintraub's habeas corpus petition was filed by the Minister of Justice was also not viewed favorably among legal experts.
247 - XP Política, the analysis arm of the brokerage firm XP, condemned the fact that the Minister of Justice, André Mendonça, filed a habeas corpus petition with the Supreme Federal Court on behalf of the Minister of Education, Abraham Weintraub.
O habeas corpus This would prevent Weintraub's arrest or any other precautionary measure that might be imposed on him should the minister refuse to comply with the Supreme Court's order to testify.
The fact that the habeas corpus petition was filed by the Minister of Justice was also not well received among legal experts, who see André Mendonça acting as Weintraub's private lawyer.
Read the text from XP Política:
"It is unusual that the Minister of Justice, André Mendonça, would sign a habeas corpus petition to the Supreme Court as if he were the lawyer for the Minister of Education."
1. The rule that any citizen can file a habeas corpus petition on behalf of someone else does not invalidate the request made by the Minister of Justice, but rather makes him a defender of those targeted in the fake news investigation as well. In general, the Supreme Federal Court (STF) does not admit habeas corpus petitions against individual decisions by a minister.
2. Legal experts consider the argument that Weintraub would have the right to speak last in the inquiry to be weak. This type of prerogative is provided for in the procedural phase when the investigated party is already a defendant.
3. It is unusual to request an extension of a benefit in a habeas corpus proceeding that has not yet been granted. Mendonça wants the protection requested for Weintraub to be extended to the targets of yesterday's operation. This is normally done after the lawyer obtains the benefit.
4. Weintraub can refuse to give the deposition. As a suspect, he is not obligated to speak or cooperate. Coercive measures are not applicable.
It is likely that the chosen rapporteur will be Minister Edson Fachin, who already has two other cases in his office discussing the suspension of the investigation, including the one requested by Aras yesterday.