Flávio Dino dismisses reasons that would prevent him from judging the Attorney General's complaint against Bolsonaro.
The minister sent an official letter to the president of the Supreme Federal Court (STF), Luís Roberto Barroso, to comment on the request made by Jair Bolsonaro's defense.
André Richter – Reporter for Agência Brasil
Brazilian Supreme Court Justice Flávio Dino said on Friday (28) that there are no reasons to prevent him from judging the complaint about the coup plot promoted in Jair Bolsonaro's government. Dino sent an official letter to the president of the Supreme Court, Luís Roberto Barroso, to comment on the request from the former president's defense against his participation in the trial.
In the official document, Flávio Dino points out that he judged cases in which he voted in favor of arguments defended by Bolsonaro, and there was no challenge to his participation. According to the minister, the defense requested his disqualification in a "surprising manner, violating a kind of logical preclusion."
Dino also added that he never participated in the investigations of the coup attempts of January 8, 2023, during his time as Minister of Justice and Public Security. He stated that his role was limited to administrative oversight of the Federal Police, without interference in investigations.
"However, there are no grounds for declaring me recused. Besides the logical impossibility already highlighted, it must be remembered that we are dealing with a criminal case, making it inappropriate to invoke the grounds for disqualification provided for in the Code of Civil Procedure through broad interpretation," he explained.
Impediment
On Tuesday (25), Bolsonaro's defense filed a petition for the Court to recognize the impossibility of ministers Cristiano Zanin and Flávio Dino participating in the trial of the complaint, which still has no set date.
Bolsonaro's lawyers point out that Flávio Dino filed a criminal complaint against Bolsonaro when he held the position of Minister of Justice and Public Security during the first months of President Luiz Inácio Lula da Silva's government.
In Zanin's case, the former president's defense says that, before arriving at the Court, the minister was a lawyer for Lula's campaign and filed lawsuits against Bolsonaro's ticket in the 2022 elections.
Yesterday (27), Zanin also sent an official letter to the president of the STF to inform that there are no reasons to disqualify him.
It will be up to Barroso to decide on the requests to recuse the ministers.
First class
The impeachment proceedings were directed at Flávio Dino and Cristiano Zanin because they are part of the First Chamber of the Supreme Court, the body that will judge the charges against Bolsonaro and the other 33 accused of involvement in the attempted coup d'état.
The group is composed of the rapporteur of the complaint, Alexandre de Moraes, and ministers Flávio Dino, Cristiano Zanin, Cármen Lúcia and Luiz Fux.
According to the Court's internal rules, the court's two panels are responsible for adjudicating criminal cases. Since the reporting judge is part of the First Panel, the charges will be heard by the panel.
If the majority of ministers accept the charges, Bolsonaro and the other defendants will become defendants and will face criminal proceedings before the Supreme Federal Court.
The trial date has not yet been set. Considering the legal procedures, the case could be judged as early as the first half of 2025.
