Gilmar Mendes and Alexandre de Moraes vs. Barroso - HC 166373 - Annulment of sentence
Justice Barroso's vote bothered Justices Gilmar Mendes and Alexandre de Moraes. The strong desire to annul sentences and acquit defendants is supernatural.
Justice Barroso's votes need to be discussed. They serve as a benchmark for analysis. They are full of numbers and connected to the facts.
Habeas Corpus 166373 - Annulment of sentence. (click on the link below)
The Institute of Plea Bargaining in our country is the result of a global anti-corruption agenda. - Annulling sentences using it is the same as ordering soldiers to commit suicide with their own weapons in this war against impunity.
Justice Edson Fachin sent to the Plenary a case where non-cooperating defendants presented new facts in their final arguments, and the court opened a new deadline for the completion of the final arguments. This deadline was not used by the defendant's defense, making the claim for annulment indefensible.
The votes of Ministers Luís Roberto Barroso, Luiz Fux, and Marco Aurélio Mello are complementary and call into question the very existence of the Supreme Federal Court (STF).
Luís Roberto Barroso brings to light the history of Brazilian corruption and the context of the trial. Luiz Fux, a career magistrate, sees no logic in contradicting legal norms, where in public law judges are prevented from acting without legal authorization, and the STF is not judging any legal provision as unconstitutional. Marco Aurélio evokes the separation of powers, stating that it is not the judiciary's role to legislate.
In this playlist: All votes in favor of Minister Fachin's report - Luís Roberto Barroso, Luiz Fux, and Marco Aurélio Mello. Final arguments of those implicated in plea bargains.
[Link to YouTube playlist: • Alegações finais de delatados. - Votos a f... #barroso #lavajato #operacaoabafa]