Cristiano Zanin declares himself impeded in appeal against Bolsonaro’s ineligibility

Minister Cristiano Zanin declared that he cannot be the rapporteur of the appeal filed by Jair Bolsonaro (PL) at the Federal Supreme Court (STF) against the decision of the Superior Electoral Court (TSE) that made the former president ineligible. Zanin was chosen as rapporteur for Bolsonaro’s appeal at the STF, but his rapporteurship was placed in doubt because he participated as a lawyer at the TSE during the 2022 elections. The decision will be submitted to the 1st Panel in a virtual plenary session from May 8th to 9th.

Bolsonaro filed an extraordinary appeal in December 2023 with an appeal to the STF against the TSE decision that made him ineligible for 8 years. The ministers understood that the former president committed abuse of political power and misuse of the media when speaking against the electronic voting system for ambassadors, in Brasília. On April 18, 2024, Bolsonaro asked for Zanin to be declared impeached for acting as a lawyer for the Brazilian Federation of Hope, made up of the parties PT, PC do B and PV.

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The opinion of the Federal Public Ministry considered that there was no impediment or suspicion and decided that the appeal should not even be known, that is, taken forward within the STF, given the need to re-examine facts and evidence to analyze the allegations brought by Bolsonaro.

Zanin says that he would be prevented only in this appeal, as he acted as a lawyer in an electoral judicial investigation action with a request and cause of action similar to the action that gave rise to the appeal under analysis.

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“Having said that, in order to achieve the necessary procedural economy and avoid a future redistribution of the case, it seems to me, despite the PGR’s statement, that it is appropriate to accept the grounds presented in the incident raised by the appellant to declare my impediment to judge this extraordinary appeal with appeal”, said the minister.

The minister’s statement took place in ARE 1,474,354.

Flavia Maia – Reporter in Brasília. Covers the Judiciary, especially the Federal Supreme Court (STF). She was a reporter for the newspaper Correio Braziliense and communications advisor for the National Confederation of Industry (CNI). She has a law degree from IDP. Email: [email protected]