Gilmar questions decision of 2nd Chamber that removed Andrei

The minister Gilmar Mendes, of Supremo Tribunal Federal (STF), questioned the decision of the 2nd Class that removed Andrei from the Federal Police. In a demonstration, he highlighted the speed with which ministers André Mendonça, rapporteur of the action, Luiz Fux and Kassio Nunes Marques formed a majority to maintain the distancing. The central criticism is the alleged lack of prior communication to the other members of the collegiate body about the convening of the extraordinary session.

According to Gilmar, the sequence of schedules reveals an unusual procedure. He cited that at 8:43, Mendonça endorsed the request for a precautionary measure that determined Andrei's removal. Shortly thereafter, at 9.29 a.m., the rapporteur's office included the process in the agenda of the 2nd Class. At 9:38 a.m., Gilmar’s office was informed of the convening of the extraordinary session, scheduled for 10 a.m. on the same day.

Sequence of schedules raises suspicion of adjustment

For Gilmar, this sequence of hours “demonstrates that the designation of this extraordinary virtual session took place by direct understanding between Your Excellency and the rapporteur, without prior communication from the members of the collegiate body”. The statement was addressed to the President of the 2nd Class, Minister Luiz Fux. The minister also mentions a “previous adjustment – not communicated to the portion of the other colleagues of the collegiate college”, between Fux and Mendonça.

The interval between inclusion in the agenda and the start of the session was only 31 minutes. This, according to Gilmar, prevented further analysis of the case by the other ministers. The source did not detail whether there was an attempt to contact other offices prior to the formal summons.

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View request and votes in minutes

The minister says he asked for a view in the action at 10 a.m., as soon as the session began. At 10.04 and 10.06, respectively, Fux and Kassio had already accompanied the rapporteur. That is, less than six minutes after the start of the session, the majority was already formed. Gilmar’s request for a view did not prevent the conclusion of the trial, as the votes had already been cast.

This scenario, in Gilmar’s assessment, compromises collegiality and the possibility of debate. He stressed that speed cannot override due process of law. The source did not detail whether other ministers also expressed discomfort with the conduct of the session.

Equality between the members of the Class

Finally, the minister indicates the “need to treat all members of the Class equally, under penalty of impossibility of participation in designated sessions by a reserved understanding between the president of the Class and the rapporteur, on the margins of the other members of the collegiate.” Speech suggests that practice, if repeated, may exclude ministers from relevant decisions.

Gilmar did not question the merit of Andrei’s removal, but rather the procedural rite. The source did not detail whether the minister intends to take the case to the plenary of the STF or if the demonstration was just a protest record. The episode reignites the debate on transparency and internal communication in the Supreme Court.

The case is still ongoing and new developments may occur. The report will continue to follow the movements of the 2nd Class and the reactions of the other ministers. For more news about the STF and national policy, continue on the Boca no Trombone.

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