Mensalão : Ministers bet on new trial

" Mensalão : Ministers bet on new trial
Posted by Magistrates Association Miners ( extracted by JusBrasil ) - 8 hours ago
On the eve of the dean of the Supreme Court (STF ) , Celso de Mello , give the casting vote on the acceptance of embargoes or annul the process of the monthly allowance , ministers of the Court take for granted that the fellow will vote for the appropriateness of resources. If this trend is confirmed, 11 defendants who received at least four votes for acquittal again be judged by the Supreme Court , which will lead to criminal action 470 to extend through 2014 .
Four ministers heard the report estimate that hardly Celso de Mello will vote against the validity of the ruling. Everyone believes that he will maintain the understanding expressed on August 2, 2012 , on the first day of the trial of the monthly allowance when, to demonstrate against the dismemberment of the process , the dean stated that these features are applicable . Not being a unanimous judgment be admissible embargoes or annul the trial and a feature : changing the rapporteur , said Celso de Mello , last year .
Among the ministers who consider the position of dean for the possibility of retrial of the defendants , two voted for the appropriateness of the appeal and two against . Interlocutors two other judges also evaluate how unlikely a change of Celso de Mello on the validity of the ruling. One of Ministers evaluates the votes cast in Parliament , both favorable and contrary to the new features , have the effect of speed in the next step of the process because most ministers defended agility in the case .
Minister Marco Aurélio Mello , while recognizing that the dean is very secure about their positions , still harbor the expectation that the fellow can evolve in their opinion about the ruling. The Minister Celso is very safe in all you do . He actually pointed out that the infringers are reasonable , but the issue was not on trial when we discuss the problem of dismemberment . Was a justification ( it) that there was a possibility of appeal, was as an opinion . But know that only safe evolve , said Marco Aurelio .
SERENITY Minister retired Supreme Court Carlos Ayres Britto , who served in the trial of the monthly allowance between August and November last year , when he retired compulsorily , said pressure on the environment will not influence Celso de Mello . He is a man of strong technical and psychological which adds to the experience of over 20 years in the Supreme Judiciary , said Britto , who presided over the Court during the first months of the trial of the monthly allowance .
This preparation gives Mello able to decide in a sober under any circumstances , making satisfaction only to his own conscience , strengthened retired minister . He will decide calmly and sensibly , to his way , according to his conscience , he added. Ayres Britto not reveal his position on the admissibility of embargoes infringing . I have not spoken about the trial not to appear on harassment technical colleagues who were , who left the house and was pushing . It is a matter of an intimate , justified the ex - president of the Supreme Court .
In assessing the constitutional lawyer Erick Wilson Pereira , no pressure would be able to change the conviction Minister Celso de Mello . He was always a minister positions very convinced , said Dr. constitutional law at PUC - SP .
Only have the opportunity to submit embargoes infringing defendants who received at least four votes for acquittal on the analysis of the crimes for which they were convicted . The acceptance of these resources can lead to the Supreme retry defendants as deputies Jose Genoíno ( PT- SP ) and João Paulo Cunha ( PT- SP ) , former chief of staff Dirceu and former PT treasurer Delúbio Soares . The last three can get rid of serving a sentence in a closed and move on to the semi-open if they are acquitted at the retrial . Defendants may also have penalties reduced , but there is also the possibility of being held convictions .
MISTAKE minister Ricardo Lewandowski , the Federal Supreme Court ( STF ) , ranked no misunderstanding the interpretation that there will be a new trial against defendants in the case of the monthly allowance . The minister warned that only a minor part of the decisions taken by the House last year may be retested . He was speaking in an interview with The Gazette Group , during a visit that the minister made to the Holy Spirit , where he lectured . The trial that lasted more than 50 sessions remains absolutely intact and decisions are intact . If you believe that embargoes are infringing worth , is to be discussed certain aspects of the trial .
Already Gilmar Mendes said yesterday in Cuiabá ( MT ) , which , even welcomed , embargoes infringers should not result in changes in the outcome of the trial of the monthly allowance . I think we should reject embargoes infringing . I think it would not be appropriate, but in court , if the majority understand that embargoes are reasonable , we must decide this quickly . But I do not have expectation that there will be changes or major changes as a result of formal childcare embargoes infringing , Mendes said at a news conference in Cuiaba , which gave a lecture . ( Ana collaborated D Angelo and Renata Mariz )
And independent technical profile
At 67 years, including 43 dedicated to the legal action , the Minister Celso de Mello is known for extremely technical profile . The extent sometimes unsettling , voting contrasts with the short list of friends . Reserved, the minister, who will be under the spotlight of the whole country tomorrow , when accepted will declare embargoes infringing defendants' monthly allowance , not attending social circles . The most common tours are limited to the bookstore , the shoeshine at the airport and McDonalds . Despite the discrete personality , Mello is revered among professional colleagues , who are unanimous in citing the independence of the magistrate . If someone convince technically not the admissibility of embargoes , he will without any fear of being criticized for , say , change the vote. Otherwise , keep the understanding already expressed , says a co- prosecutor of São Paulo , where Mello served as a prosecutor and attorney over 19 years . For the lawyer José Rubens Amaral Lincoln , whom the minister spent his childhood in Tatura , São Paulo , Mello will not surrender to any social pressure . Lincoln recalls profile combative friend as prosecutor , after passing first in the contest for the post . One thing I can say : Celso de Mello is not a coward , said Lincoln . "
http://amagis.jusbrasil.com.br/noticias/100684290/mensalao-ministros-apostam-em-novo-julgamento . Access: 09.17.2013