Fachin rejects request to remove Nunes Marques from Master's CPI action
The president of the STF (Federal Supreme Court), minister Edson Fachin, rejected a request presented by four senators to remove minister Kassio Nunes Marques from the rapporteur of the action that discusses the installation of Banco Master's CPI.
The request was presented by senators Eduardo Girão (Novo-CE), Alessandro Vieira (MDB-SE), Marcos Pontes (PL-SP) and Plínio Valério (PSDB-AM).
They asked that Nunes Marques be declared a suspect for acting on the writ of mandamus that deals with the creation of the Parliamentary Commission of Inquiry aimed at investigating operations related to Banco Master, owned by Daniel Vorcaro.
In the decision, signed last Wednesday (3), Fachin stated that the request was filed outside the deadline set out in the Court's internal regulations and, therefore, could not be analyzed.
According to the president of the STF, the writ of mandamus was distributed to Nunes Marques on March 26 of this year. The suspicion argument was only presented on May 12th. The Court's rules establish a period of five days after the distribution of the case for the rapporteur's impartiality to be questioned.
"In view of the above, I deny pursuing this allegation of suspicion, due to its untimeliness", wrote Fachin.
In the request sent to the Supreme Court, the senators maintained that new facts related to the Federal Police's Operation Compliance Zero would have reinforced the need for the minister's removal.
They cited precautionary measures determined by the STF against senator Ciro Nogueira (PP-PI) and claimed that the parliamentarian would have a direct interest in the result of the action that seeks to guarantee the installation of the CPI.
The authors also argued that there was a public and historical relationship between Nunes Marques and Ciro Nogueira, which, in their opinion, would compromise the appearance of impartiality necessary to judge the case.
"The personal and political relationship between Minister Kassio Nunes Marques and Senator Ciro Nogueira is neither episodic nor recent. It is a bond structured over time, documented in successive institutionally relevant moments of the Magistrate's career", he says.
When rejecting the request, however, Fachin did not analyze the merit of the allegations presented by the senators. The decision was limited to the procedural issue and concluded that the request was presented outside the statutory deadline.
As a result, Kassio Nunes Marques remains responsible for carrying out the writ of mandamus that discusses the installation of Banco Master's CPI in the Senate.
Kassio Nunes will be rapporteur for the Master and Dark Horse cases at the TSE | H TIME
Source: CNN