STF is very lenient when judging some crimes, says prosecutor

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Professor and public prosecutor César Dario Mariano said that the Federal Supreme Court (STF) is lenient in judging certain crimes. The jurist made the statement this Monday, 1st, during an interview with the program West Without Filter.

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“This will pass on, even if unconsciously, to the other parliamentarians,” said Mariano, referring to the expansion of the privileged forum. “Even if they leave office, they will still be under the thumb of the STF. I’m not saying that this is the intention of the change, but it will happen. It’s very bad, because, depending on the crime committed, the STF is either very harsh or very lenient.”

The expansion of the privileged forum — a mechanism that guarantees that public authorities can only be tried for their crimes in higher courts — is being voted on by the STF. The action’s rapporteur, Minister Gilmar Mendes, believes that proceedings involving authorities with jurisdiction due to the prerogative of their role should remain in the Court, even after the end of their term of office.

Read also: “Marco Aurélio: ‘STF should not judge those accused of January 8’”

According to Mariano, the increase in the number of people benefiting from the forum will increase demand in higher courts and make it impossible to judge all actions.

“First thing that will happen: the processes will all return to the STF and they will begin to expire”, argued Mariano. “Prescription is nothing more than the passage of time that causes the State to lose the right to punish. So, if it takes too long to judge an action, the State loses the right to punish. The person will not even be judged or will not be punished.”

STF will start judging crimes of authorities who left office

New accusations against former president Jair Bolsonaro could go from the first instance to the STF | Photo: Tânia Rego/Agência Brasil

If ministers opt to expand the privileged forum, authorities will have the right to be tried for crimes committed during their term of office, even after leaving office.

For example, former president Jair Bolsonaro. He had investigation requests related to his role as President sent to the Federal Court, in the first instance, after the end of his term. If the new understanding is approved, the cases against the former head of the Executive will go directly to the STF.

Read more: “Barroso suspends STF judgment on privileged forum”

For the prosecutor, the Supreme Court is taking a path that is unusual among the Supreme Courts of other countries, which usually judge only issues related to the Constitution and make little decision on crimes committed by authorities.

“The STF is different from other constitutional courts, which are concerned with constitutionality control and do not judge criminal cases,” stated Mariano. “And when they judge, they judge very few. Because the forum prerogative, in the vast majority of democratic countries, is very limited.”

Read also: “Privileged forum: what could change with a new trial in the STF”

Mariano also criticized the impartiality of Superior Court judges, as they were appointed by politicians. “It’s difficult to let go of the ideology, of the fact that I was nominated as a politician,” he commented. “Having already been a politician when deciding.”

Watch the full interview with prosecutor César Mariano on YouTube from the Magazine West. Anchor Paula Leal and the team of journalists from West comment on the main events of the day, from Monday to Friday, from 5:45 pm.

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The article is in Portuguese

Tags: STF lenient judging crimes prosecutor

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