On Monday (28), the Federal Supreme Court ruled (28) to support Minister Alexander de Morris’s decision and to maintain the arrest of former President Fernando Color.
The final result was 6 x 4. They voted to accompany Morris’s decision: Flevio Dino, Edson Fashin, Luis Roberto Barroso, Carmen Lesia and Deis Tofuli.
Ministers André Mendonka, Louise Fox, Nuneis Marquise and Rilmar Mendez diverged and voted to cancel the detention.
The four different ministers considered that the appeal submitted by the Color Defense depends on the Supreme Court regulations and must be accepted.
Fux, Gilmar and Mendonça also mentioned the incompatibility with Moraaes by saying that this feature was not “delay”.
Morais decision
Morais called for the arrest of the former former immediate president on Thursday (24), after the second appeal to defend Color, who was convicted in May 2023 to eight years and ten months in prison to participate in the corruption scheme in BR Distribidora, current Vibra.
In this second appeal, the defense, which was considered the punishment proposed by the ministers who voted in favor of the lighter penalties during his conviction in 2023: André Mendona, Nunes Marquise, Das Topley and Rilmar Mendes.
In the decision, Moriaes stated that this type of request is accepted only when at least four ministers vote in favor of Total Percittal, which did not happen, even if the crimes are analyzed separately.
The minister also said that Color’s defense “delayed the intention” when he entered the second appeal, because he had no new facts. However, it was necessary to be necessary to fulfill the decision immediately.
Decision is still needed by the General Court, which started the trial on Friday (25). On that day, the vote was suspended through the request of Gilmar Mendes to obtain a prominent request, which would bring the trial to the physical plenary session.
However, the minister retracted the decision, which allowed the analysis to move forward in the virtual plenary session, as there are no discussions between the ministers – only the registration of votes in the STF electronic system.
According to CNN, there was an expression of Mendes to withdraw the prominent demand. The internal evaluation was that it would be bad to maintain the arrest of Color by a unilateral decision, especially since the next face session to the court was not determined until May 7.
In 2023, most of the court ministers realized that Color received $ 20 million of bribes between 2010 and 2014 to facilitate the construction of business from UTC Engnharia on BR Distribidora using its political influence as Sunator.
He was not arrested at that time because decision funds are still decent. These appeal possibilities have now been exhausted with the third conviction by the court.
The former head of Dawn was arrested on Friday (25), in Maceió, Alagais, followed in a private room of prison. Defense is trying to arrest the House of Representatives and claims that Color is more than 75 years old and suffers from serious accompanying diseases.
