Fachin sends to Cármen Lúcia the redistribution requested by Aécio.

Justice Edson Fachin has left the decision regarding the redistribution of the request made this Monday, the 2nd, by Senator Aécio Neves (PSDB-MG) to suspend his removal from office to the president of the Supreme Federal Court (STF), Justice Cármen Lúcia. Fachin, one of the five justices of the Second Panel of the STF, was randomly selected as the rapporteur for Aécio's request, which seeks the suspension of his removal. However, a few hours after the selection, the senator's defense requested that the writ of mandamus be redistributed within the court.

October 03, 2017, 11:17 PMUpdated June 28, 2018, 14:07 pm

Minister Edson Fachin left the decision regarding the redistribution of the request made this Monday, the 2nd, by Senator Aécio Neves (PSDB-MG) to suspend his removal from office to the president of the STF, Minister Cármen Lúcia; Fachin, one of the five ministers of the Second Panel of the STF, was chosen by lot to be the rapporteur for Aécio's request, which seeks the suspension of his removal; however, a few hours after the draw, the senator's defense requested that the writ of mandamus be redistributed within the court (Photo: Gisele Federicce).

Felipe Pontes - Reporter for Agência Brasil

Minister Edson Fachin, of the Supreme Federal Court (STF), left the decision on the redistribution of the request made this Monday (2) by Senator Aécio Neves (PSDB-MG) to suspend his removal from office to the president of the STF, Minister Cármen Lúcia.

Fachin, one of the five justices of the Supreme Court's Second Panel, was chosen by lot to be the rapporteur for Aécio's request, which seeks to suspend the decision made by the First Panel last week, when the senator was removed from legislative activities and ordered to remain under house arrest at night.

A few hours after the draw, Aécio's lawyer, Alberto Toron, requested the redistribution of the writ of mandamus with a request for an injunction to suspend the removal from office. The lawyer argued that Fachin could not be the rapporteur, as he had been the author of the senator's first removal from office in May.

Without addressing the merits of the defense's argument, Fachin sent the question to Minister Cármen Lúcia to decide whether or not to order a new draw for the case among the other ministers of the Second Panel, who are Gilmar Mendes, Ricardo Lewandowski, Dias Toffoli, and Celso de Mello.

writ of mandamus

In the writ of mandamus, Aécio's lawyer, Alberto Toron, requests that the removal from office be suspended at least until the direct action of unconstitutionality (ADI) regarding the need for legislative approval for the judiciary to apply precautionary measures against parliamentarians is judged.

The Direct Action of Unconstitutionality (ADI) was scheduled for October 11th by the president of the Supreme Federal Court (STF), Minister Cármen Lúcia, after the rapporteur of the action, Minister Edson Fachin, released the case for judgment by the Court's plenary session last Friday.