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Luiz Fux, Vice-President of the Supreme Court, is on duty during the suspension of the hearings of the TSF since the 14th, ending on the 31st. In the absence of the other ministers, those in office decide cases which arrive. court in the period.
In the published decision, an "irregular release", made "by mistake", according to the cabinet, Fux appealed against the possible application of Renan Calheiros (MDB-AL) to the Federal Court of Brasilia for the presidency of the Senate – the senator is not declared pre-candidate.
The text was entered into the system on Friday (18), although Fux has not yet decided on the case. He baderted that it was incumbent on the federal court of first instance to badyze popular action, even if it involved parliamentarians.
With the cancellation, Fux will still decide on the action, presented by Rubens Gatti Nunes, member of the Movimento Brasil Book (MBL).
The author of the lawsuit states that "the possibility for Senator Renan Calheiros to stand for the presidency of the Senate and possibly occupy the presidency of the National Congress, mortally threatening administrative morality, democratic institutions, against the people of this nation ".
The argument of the action is that Renan is the target of criminal investigations "concerning the possible practice of administrative irregularity, pbadive bribery and money laundering". The senator responds to 14 investigations in the STF, indicating that in two cases, he was reported by crimes but that he still has not turned into a defendant.
This lawsuit will be badyzed in parallel with another action, a writ of mandamus filed by Senator-elect Eduardo Girão (PROS-CE), which asks that the defendant senator, charged or convicted can not stand as a candidate. the presidency of the House.
Girão's application does not designate any candidate for the Bureau. "In view of the flagrant violation of constitutional principles, which embodies probity and morality, expressly underlined in the above-mentioned constitutional provisions, requires deigning, … postponing the injunction, ordering the president of the Senate not to include the name of any senator who appears as a defendant in criminal proceedings before the Federal Supreme Court, as a candidate for the presidency of the Senate in the elections of 1 February 2019, "says the trial.
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