Zanin declares himself prevented from judging Bolsonaro’s appeal against ineligibility

Zanin declares himself prevented from judging Bolsonaro’s appeal against ineligibility
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Zanin declared himself unable to judge Bolsonaro’s defense appeal against the TSE’s decision that made the former president ineligible.| Photo: Carlos Moura/SCO/STF.

The minister of the Federal Supreme Court (STF) Cristiano Zanin declared himself prevented this Tuesday (7) from judging an appeal presented by Jair Bolsonaro (PL) against the decision of the Superior Electoral Court (TSE) that made the former president ineligible for eight years. Zanin, who is a former lawyer for President Lula (PT), was selected as rapporteur for the case in December 2023.

In June last year, the TSE decided to make Bolsonaro ineligible for abuse of political power and misuse of purpose for holding a meeting with ambassadors, in July 2022, in which he criticized the security of electronic voting machines. The action was filed by the PDT.

Bolsonaro has exhausted the possibilities of appeal at the TSE and is now trying to reverse the decision at the Supreme Court. The former agent’s defense asked that Zanin be prevented from conducting the report on the appeal.

The lawyers argued that the magistrate represented the PT coalition during the 2022 campaign and also filed a lawsuit questioning the meeting with ambassadors. The minister forwarded the request for analysis to the Attorney General’s Office (PGR), which saw no reason for the minister’s impeachment.

Zanin stated that the challenge to Bolsonaro’s defense was presented outside the deadline established by the Court. However, he acknowledged that he filed a similar action to the one filed by the PDT against the former president during the campaign.

The minister declared himself unable to judge the appeal “despite the PGR’s statement” to “improve the necessary procedural economy”. He highlighted in the decision that the impediment “refers only to the present appeal”.

Zanin forwarded his decision for analysis by the First Panel of the STF in the virtual plenary. With this, ministers Alexandre de Moraes, Cármen Lúcia, Flávio Dino and Luiz Fux must judge the impediment throughout this Wednesday (8).

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