The ministers of the STF (Supreme Federal Court), Gilmar Mendes and Edson Fachin voted jointly to propose criteria on the opening and conduct of criminal investigations by the MP (Public Ministry). Here is the full joint vote (PDF – 488 kB).
The trial was resumed after 2 years in the physical plenary of the Supreme Court this Wednesday (24.Apr.2024) after a prominent request made by Fachin. At the time, Gilmar Mendes cast a dissenting vote, being accompanied by Dias Toffoli and Ricardo Lewandowski (retired).
With the trial restarted this Wednesday, ministers Gilmar Mendes and Edson Fachin presented a joint vote in which they partially recognized the proposed ADIs (Direct Action of Unconstitutionality).
The actions were presented by Adepol (Association of Brazilian Police Delegates) and the PL (Liberal Party). They challenge Resolution No. 77/2004, of the Superior Council of the Federal Public Ministry, which regulates the establishment and processing of criminal investigative procedures within the scope of the Public Ministry.
The ministers understood that the contested rules would give the Public Prosecutor’s Office a power of criminal investigation incompatible with its duties.
Gilmar and Fachin established that the agency must notify the Court about the investigation and follow the same procedural deadlines as the police investigation. It was also determined that in crimes involving police officers and public security agents, it is the duty of the MP to carry out the investigation.
CORRECTION
April 25, 2024 (8:05 p.m.) – contrary to what was reported in the post above, the judgment it was not resumed with the dissenting vote of minister Gilmar Mendes, but restarted with the vote of the rapporteur, minister Edson Fachin, who presented a joint vote with the dean. The text has been corrected and updated.
