Brazil: Record News

20260915 14:30 UTC · 00:31:04 · 537 transcript segments · GDELT Visual Explorer · plain-text transcript · Event Map

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Transcript

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00:00:00of the presidency of this court or of the plenary of this
00:00:04court and
00:00:06this
00:00:09defense, both the defense and the report, I asked
00:00:12Your Excellency, I myself asked Your Excellency to
00:00:16forward it to all the eminent colleagues.
00:00:20All the eminent colleagues had access to the full
00:00:23report, the full text of my defense, that I had
00:00:26the opportunity to express myself in...
00:00:30a meeting with all the colleagues present in Your Excellency's
00:00:33office on
00:00:36that date, Mr. President, by
00:00:40suggestion of Minister Flávio Dino, after
00:00:43the statement of all colleagues, a large, the vast
00:00:46majority understanding that there was
00:00:48no existence of anything that
00:00:52would lead to my suspicion, but
00:00:55accepting the suggestion made by the eminent Minister Flávio
00:00:58Dino that... that from the
00:01:02point of view of preserving the court,
00:01:06due to the repercussions that
00:01:08occurred because of that report,
00:01:12that I voluntarily recused myself from the rapporteurship,
00:01:16so I did, this was
00:01:20recorded in a note, signed by all
00:01:2310 ministers of the Supreme Federal Court, this note
00:01:27is published on the website of the... federal
00:01:30court, then Your Excellency ordered the
00:01:34archiving of the report and this
00:01:38report is archived by Your Excellency's decision
00:01:42with final judgment, with the Attorney General's Office
00:01:45having acknowledged
00:01:49it and expressed its
00:01:52order refer to appeal, although
00:01:56no formal
00:02:00allegation of suspicion was accepted, quite the contrary,
00:02:03when the judgments
00:02:07began to occur in
00:02:10the second panel, already under the rapporteurship
00:02:14of the drawn rapporteur, Minister André
00:02:17Mendonça, I felt
00:02:19an obligation also to
00:02:23preserve the Court and to declare
00:02:26my suspicion for reasons of intimate forum.
00:02:30Not an impediment for reasons of intimate
00:02:33forum, so as not to embarrass, not to have
00:02:37any kind of bias of
00:02:40embarrassment to the court, accepting
00:02:43the wise suggestion of Minister Flávio
00:02:46Dino. Therefore, Mr. President, maintaining consistency with what
00:02:50I have done in the panel, I do not
00:02:54feel, therefore, for the
00:02:56preservation of the good progress of the work.
00:03:01No, before Your Excellency concludes, a very brief point, since Your
00:03:04Excellency honored me with the correct citation, Minister
00:03:07Flávio, I would like to agree in this session that the floor will always be
00:03:11requested from the presidency, if you allow me, Mr. President, I
00:03:15will follow the internal rules of the court which
00:03:17rapporteurship for say that the floor is requested from the presidency, this interjection is directed to the rapporteur, not
00:03:21Your Excellency asking for the floor from the presidency, that's what I'm
00:03:24telling you, Mr. President, I will follow the internal rules of the, well Your
00:03:27Excellency will have the floor.
00:03:30Internal rules of the court, Mr. President, and
00:03:33I greet Your Excellency, I greet the eminent ministers, I greet the
00:03:37Public Prosecutor's Office, the legal profession, all
00:03:40those present. First of all, Mr. President, I want to salute
00:03:43the wise decision of Minister Cássio
00:03:46and I think that Your Excellency's reasoning is very
00:03:50relevant, uh, to honor him,
00:03:53therefore, for understanding the magnitude of the function of President
00:03:57of the TSE, at a time when ... as Your
00:04:00Excellency said at the beginning, it is necessary to preserve
00:04:03deliberation, temperance, balance, this applies
00:04:07to everyone, including Your Excellency, exactly, including to follow the
00:04:10rules, eh, including for Your Excellency, eh, in
00:04:14relation, therefore to
00:04:17the declaration of Minister Cássio, just this reference, in relation
00:04:21to what Minister Tófoli said, just to underline and
00:04:25emphasize, eh, and for that I asked him to interrupt,
00:04:28the record. Your Excellency's record is absolutely
00:04:32fair, let's remember, there was
00:04:35an offer of a report from the federal
00:04:37police, this report was never appreciated by the
00:04:41collegiate body,
00:04:45there was an informal meeting, convened
00:04:48by the president and this
00:04:51informal meeting resulted exactly in this atmosphere, it
00:04:54is important to clarify this, because many versions came out,
00:04:58unfortunately false. In the subsequent days, until
00:05:01today false
00:05:05versions are still coming out about this meeting. In that meeting
00:05:08I made, as is my style, this thoughtful speech.
00:05:13About the preservation of the image of the court
00:05:17and I therefore made a suggestion that Your Excellency accepted and I want to once
00:05:20again thank you for the removal from the conduct of the
00:05:24case, now these are
00:05:27two distinct things, one thing is what was there, another
00:05:30thing is the report, this report never, I
00:05:33explain Mr. President, this fact because this will be in my vote
00:05:37shortly when it is
00:05:40my turn to vote. This Federal Police report
00:05:44was never considered by the collegiate, it
00:05:47is important to emphasize this, because shortly,
00:05:51when I give my vote, I will bring up this
00:05:54fact, eh, therefore, there was a monocratic archiving by
00:05:58the eminent minister Fakim, he archived
00:06:01it and, therefore, eh, at some
00:06:04point, perhaps the collegiate needs to consider this
00:06:07circumstance, just for Minister Tóffle
00:06:10to agree with Your Excellency. Regarding the facts as
00:06:14they occurred, thank you very much. Minister Dino, allow me to read
00:06:18just so we can agree on the best
00:06:21interpretation, because I might be mistaken about article
00:06:24133 of the rules. Each minister
00:06:27may speak twice on the matter under discussion and
00:06:31more than once, if necessary, to explain the modification of the
00:06:34vote. No one shall speak without the authorization of the
00:06:38president, nor interrupt whoever is
00:06:41speaking. Except for interjections when requested and
00:06:45granted. Your Excellency understands that this final part refers to the
00:06:48rapporteur. Mr. President, I understand, as has always been understood in
00:06:52the court, that an interjection is directed to whoever has the floor, right?
00:06:55It could be, of course, that at some point we change the rules, but for
00:06:59now, it's this. I now understand Your
00:07:02Excellency's position. Thank you, Mr. President. You're welcome,
00:07:06Minister, I ask for permission to withdraw. You're welcome, Your
00:07:09Excellency, please feel free, thank you. Your Excellency. Especially since Your Excellency has
00:07:13an election, right? Minister Toffle, Your
00:07:17Excellency granted the interjection to Minister Flávio Dino,
00:07:21you're welcome, I just reiterate to Minister Flávio Dino that
00:07:24the report was archived
00:07:27as soon as it was received by the presidency due to
00:07:30the absence of evidence of
00:07:34any illicit event, and this
00:07:37archiving, it, to the extent that Your
00:07:41Excellency determined the distribution
00:07:44exclusively by allegation of
00:07:47suspicion, it is because no
00:07:51type of illicit act was found, and in this sense, it was
00:07:54indeed analyzed, even if in an
00:07:57informal meeting, there is a note from the 10 ministers and
00:08:00signed by the 10 ministers, stating that
00:08:04in the elements contained in the report published on the website of the
00:08:07Supreme Federal Court, no evidence was
00:08:11found of the need
00:08:14for suspicion, but
00:08:17given the attitude of Minister Dias Toffoli,
00:08:21including, if my memory serves me right, the note cited the
00:08:23greatness of the attitude,
00:08:27he withdrew from the
00:08:30redistribution, the presidency archives the
00:08:33report, notifies the Attorney General's
00:08:36Office, which declares itself informed and that it will not
00:08:40file an appeal, so... from a technical,
00:08:44formal point of view, this report is res judicata,
00:08:47besides the fact that there would be several issues,
00:08:50evidently of nullities, because that was
00:08:54a completely apocryphal investigation, outside of
00:08:57the records, done, not
00:09:00as findings within an existing process, but
00:09:04as a true illicit
00:09:07investigation, Mr. President and
00:09:11in view of this, "I understand that,
00:09:14as I have expressed in the panel, for
00:09:18suspicion, not and I reinforce
00:09:21not because I feel
00:09:25impeded, but for suspicion for intimate
00:09:28forum, for the preservation of the court in view of eventual
00:09:32speculations, even knowing about the final judgment,
00:09:35I declare my suspension to
00:09:39participate in this judgment
00:09:42and..." "I will not withdraw, because I have the right
00:09:45to follow the session and stay
00:09:48here following the session and
00:09:51also, if necessary, to make use of
00:09:55the floor, I will do so, you're welcome,
00:09:57Minister, therefore, Your Excellency will not participate in the
00:10:01judgment of, will not participate as
00:10:04a participating minister of the quorum for appreciation
00:10:07and deliberation, as for the content of what Your Excellency says,
00:10:11I understand that it is not..." It is exactly this matter that we are
00:10:15debating here at this moment. Minister Gilmar
00:10:18Mendes asks for the floor. Mr. President, I
00:10:21received, you sent, Your Excellency.
00:10:25an official letter from
00:10:28Minister Flávio Dino, eh, through
00:10:31the electronic system, and I'm now distributing
00:10:35it
00:10:38eh to Your Excellency to the ministers Gilmar
00:10:41Mendes is speaking at this moment, we will now take the mandatory break, then you will
00:10:45continue following this historic judgment, see you
00:10:48soon.
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00:16:03we're back, we continue our coverage of this historic judgment in the
00:16:07Supreme... Federal Court. At this moment, Minister Gilmar
00:16:10Mendes is speaking. We remind you that Ministers Cássio Nunes Marques
00:16:14and Dias Toffoli said they will not
00:16:17participate in the vote. Nunes Marques said the reason
00:16:21would be because he is president of the Superior Electoral Court. Toffoli, on the other hand, says the reason is
00:16:24personal, but he will
00:16:28follow the session in person
00:16:32and may even speak.
00:16:35Nunes has already left the session and
00:16:39of course we continue to follow, the expectation is whether
00:16:42more ministers will declare themselves fit
00:16:46or not to vote. We also followed a bit earlier
00:16:50the report, right, presented by the minister
00:16:53also rapporteur of the case Edson Faquim, so let's remember here
00:16:57right, how the process happens, the report has already been
00:17:00read by the rapporteur, Minister Edson Faquim, and
00:17:04we may also have soon, right after.
00:17:37it started a little after the time we had said, right, that it would start a
00:17:41little after 10 a.m., the first to speak was the
00:17:44President of the Supreme Federal Court, who is the rapporteur
00:17:48of this case being analyzed today, Minister Edson Faquim,
00:17:52he began by reminding that there is not an easy path to resolve
00:17:55this situation, that it is necessary to follow the
00:17:58constitution, respect the institution,
00:18:02the Supreme Federal Court, including for those who
00:18:05preceded them and those who will
00:18:07succeed them here in the Supreme Court, then he read
00:18:11the report, a summary of the report
00:18:15of this case. Subsequently, Kelly, after
00:18:18presenting this summary of the case, some ministers asked
00:18:22for the floor. The first to ask was Minister Nunes
00:18:25Marques. He declared himself impeded from voting in this
00:18:29case, alleging that he is president of the Superior Electoral
00:18:33Court at this moment, at this pre-election moment, so he declared
00:18:36himself impeded. Subsequently, the next to ask for the floor was
00:18:40Minister Dias Toffoli, who has already been
00:18:42investigated for suspicions of involvement between
00:18:46him and the banker Daniel Vorcaro, so he said he
00:18:50would declare himself suspicious for personal reasons, he said
00:18:54it's not an impediment, but suspicion for personal reasons. Minister
00:18:57Diastoffoli declared this, but remains in the plenary
00:19:00following the session, following the session. Minister
00:19:04Cássio Nunes Marques left the plenary of the
00:19:07Supreme Federal Court, remembering that at this moment, the Court, which
00:19:11normally has 11 members, at this
00:19:13moment, has only 10 members, because at
00:19:17the end of last year, Minister Luiz Roberto Barroso left the
00:19:21court and this vacancy is open, it has been open
00:19:25for almost a year, so there are 10
00:19:28ministers currently here at
00:19:31the STF, in the Supreme Court, before the start of the
00:19:34judgment there was an expectation
00:19:37whether ministers Alexandre de Moraes and André Mendonça would sit close because their
00:19:41chairs in the plenary are next to each other, there was this
00:19:45expectation whether today there would be a change of place so that they would not
00:19:49be so close to each other, but they remain in
00:19:52the session in the place they always occupy, sitting
00:19:56next to each other, we continue to follow
00:19:59this session that Kelly, there is no time prediction
00:20:03for this session, the reading of the report did not have an expectation of
00:20:07how long it would last, after the ministers speak, as Minister Gilmar
00:20:11Mendes is now speaking, after they speak,
00:20:14it should be the turn of the Attorney General of the Republic, there is also
00:20:17no delimited time for this exposition, for this
00:20:20explanation, after the positioning of the Attorney
00:20:24General's Office, then the president
00:20:28and rapporteur of this case, Minister Edson Faquim, returns to
00:20:31read his vote and only then, the ministers
00:20:34should vote in this case. A curiosity, Kelly, is that
00:20:38normally on Tuesdays, at 7 p.m., a
00:20:42session of the TSE, of the Superior Electoral Court, is held. This session is
00:20:46scheduled for today, inclusive, and generally, on Tuesdays. The
00:20:50plenary session of the STF ends
00:20:52around late afternoon so as not to clash with the time
00:20:56of the TSE session, but today there is no such
00:20:59prediction of when this STF session should end,
00:21:03Kelly? That's right, we continue following, it's a historic moment,
00:21:07right? We are here broadcasting everything in real time. Lívia, thank you very much
00:21:10for the information, good work, any news just call. And
00:21:14Minister Gilmar Mendes continues speaking, let's hear a snippet, please.
00:21:18Impartiality. as an indispensable
00:21:21attribute to the legitimacy of
00:21:23jurisdiction. In this sense, by obstructing the
00:21:27choice of the judging body, the constitutional text not only prohibited
00:21:31the assumption of a case in progress before another court,
00:21:35but also forbade the assumption of the
00:21:38process distributed to
00:21:41the chosen
00:21:43rapporteur. It could not be otherwise, as the
00:21:46distribution by lottery constitutes an instrument by which the
00:21:50abstract jurisdiction of the
00:21:53court is converted into the concrete jurisdiction of a specific
00:21:56judge. It is the lottery that within the court
00:22:00realizes the guarantee of the natural judge,
00:22:03making it impossible for anyone to choose who
00:22:05will judge. At this point, a reflection is
00:22:08imposed.
00:22:11If the 1988 Constitution repudiated the avocatory action, even when
00:22:14exercised by this Supreme Court, in relation to
00:22:18different courts and tribunals, with much greater reason
00:22:22it should repudiate the displacement operated without any normative
00:22:25support within the court itself. It is well
00:22:28true, I
00:22:31must say this with full transparency, Minister
00:22:35Joaquim, that through official letter 003,
00:22:38MGM, I suggested to Your Excellency that you attract PET
00:22:421662
00:22:45to the presidency, with the purpose of delimiting the
00:22:49object of the judgment. I also recommended the consolidation of
00:22:52the processes, PET 1662
00:22:56and PET 16 704, in
00:22:59the form of article 82 of the Code of Criminal
00:23:02Procedure. The suggestion mentioned, however,
00:23:05did not aim for Your
00:23:08Excellency to definitively assume the
00:23:12rapporteurship of such procedure, but merely
00:23:14to consolidate it with that one conveyed
00:23:18in PET 167. 304 for joint instruction and
00:23:21judgment, all through a
00:23:25preliminary
00:23:28order. As for that point, I emphasize, in this sense, the
00:23:31natural consequence of these premises is to
00:23:34advance on the path already initiated by the presidency, which
00:23:38is,
00:23:39to define
00:23:42that before any judgment, related cases must be consolidated and organized,
00:23:46as well as necessary
00:23:50evidentiary measures concluded.
00:23:52Only then, through adequate and rational preliminary
00:23:56proceedings, would the elements for appreciation by
00:23:59the plenary be precisely delimited. This is in my official letter
00:24:03003 and we also had conversations
00:24:07regarding this matter. It can thus be seen that
00:24:10at no time did I consider that the president of this court should
00:24:13permanently assume the rapporteurship of PEP
00:24:171662.
00:24:20He could not do so, precisely because the internal rules of this Supreme
00:24:23Court determine the distribution of cases that arrive at this Court,
00:24:27with the exception of the exhaustive hypotheses of
00:24:30registration with the presidency. The official letter I
00:24:33sent to the presidency aimed at the adequate
00:24:36instruction of PET 16
00:24:38662 with the designation of joint
00:24:42judgment with PET 16704,
00:24:46with the distribution to be made by
00:24:48lottery among the members of the court for both
00:24:51cases, all in accordance with the rules. Thus, the
00:24:55initiation of a process and the determination of its registration with
00:24:58the presidency, outside the hypotheses outlined exhaustively
00:25:02by the rules of this Court, evidences the
00:25:05adoption of a procedure incompatible, in my view, with
00:25:09the echo and distance that the judge must maintain from a case
00:25:12subject to his jurisdiction. In
00:25:15effect, the presidency ordered ex officio the institution
00:25:19of PET. 6 704, a procedure in which
00:25:22not only elements extracted from these very
00:25:25records are discussed, but also issues raised in Inquiry
00:25:284.781, PET
00:25:3216704 thus bears a relationship of
00:25:35continence with the present PET
00:25:381662, from which it extracts
00:25:41a portion of its own object. In this relationship of
00:25:45continence there is an unavoidable
00:25:48consequence. "the presiding minister is part of the
00:25:51process and also has his decision questioned now
00:25:54in this document brought by Minister Flávio Dino,
00:25:58Minister, your Excellency grants a part, Mr. President, your Excellency
00:26:01authorizes Minister Vilmar to grant me the part, the irony
00:26:05is between the lines, without a doubt, your Excellency, I thank the President, the
00:26:09irony serves to lighten the atmosphere, your Excellency knows
00:26:12that, Aristotle. Mr. President, again I greet your
00:26:16Excellency and everyone,
00:26:19and to make two explanations, the first is why I
00:26:23addressed this communication to
00:26:26the senior minister, it's because of the rules,
00:26:29eh, as I explained just now, justice
00:26:33can only be realized
00:26:36according to due process of law, every
00:26:40time we deviate from that, Brazil witnesses
00:26:43disasters, from the mudslide of
00:26:471954, the false accusations against Juscelino
00:26:50Kubitschek, the coup of
00:26:5364 and other disasters, so
00:26:57moderation, prudence, I say this in the
00:27:00communication as republican virtues
00:27:03extolled again by
00:27:06Aristotle, with the law as
00:27:08a guide, the norm as
00:27:11a reference, and that's what distinguishes
00:27:15a judge from a vigilante,
00:27:19a judgment from a massacre, look, at this
00:27:23point someone, uh, thinking
00:27:26only with a key that is not legal, the
00:27:30dual key would be like this:
00:27:33no, it's either a massacre or it's
00:27:36impunity, our mission is
00:27:39precisely to show that there is a civilized
00:27:42path,
00:27:45without which there is no legitimate state activity,
00:27:49why, Mr. President, I raised the point of order to the senior minister,
00:27:52because points of
00:27:55your Excellency's actions, because with
00:27:59due respect, they are not provided for
00:28:03in the Constitution, nor in the Code of Criminal Procedure, nor in the Organic Law of the Public Prosecution Service, nor in the
00:28:06rules, this creates a
00:28:10paradoxical situation, we
00:28:14are a court, guardian of
00:28:17the law, and that's why we cannot judge
00:28:20anyone, whether any of those present
00:28:23here who tomorrow may be in that situation or a
00:28:26citizen, if it is not in the terms of
00:28:29the law,
00:28:31of course, your Excellency is the author of the acts I
00:28:34challenge, Minister Alexandre
00:28:38is a party to the cases, following,
00:28:41therefore, the rules, Mr. President,
00:28:43Vice-Dean,
00:28:45I submitted to the Dean, Mr. President, because I myself reasoned with your
00:28:49Excellency, we have a complex situation,
00:28:53as Minister Juma just described,
00:28:56so complex that the agenda,
00:29:00the agenda we received from the court's secretariat,
00:29:04the published agenda
00:29:06brings as rapporteur Minister André, it
00:29:09says, rapporteur Minister André Mendonça, it's
00:29:13here, there was no
00:29:15redistribution, there was no, there was no
00:29:18publication of an agenda with the redistribution made, so much so that the
00:29:22agenda that is here, delivered by your
00:29:25Excellency, says that the rapporteur is Minister André, when
00:29:29I here I thought he was going to make the report and that... I mean,
00:29:32Mr. President, that in my opinion it had to be him
00:29:35indeed, that's the
00:29:38point, your Excellency took over five
00:29:41processes,
00:29:44three of André's, and one of
00:29:48Alexandre's,
00:29:50it happens, Minister Gilmar is here, Minister Carmen, Minister
00:29:54Fucs, it's that avocation was
00:29:57banned among us since the
00:30:00Constitution. there is avocation,
00:30:04avocation among equals, your Excellency's robe
00:30:06is equal to mine, your Excellency is the president, I am
00:30:10more modern, therefore, of lower symbolic
00:30:13hierarchy, but your Excellency's robe is
00:30:15equal, why is it equal? Because this is a court of
00:30:19equals, being a court of equals, we have to
00:30:23follow the rule that governs the relationship between
00:30:26equals, what does this rule say? In
00:30:30no court in the country, none, not only in the
00:30:33Supreme Court, can a president remove a
00:30:37rapporteur,
00:30:39because if he does, Mr. President, see the responsibility of
00:30:43whoever wears a robe and
00:30:46I know all sides, this is not a place for those who seek
00:30:50applause, this is not a place for those who seek
00:30:53popularity, this is not a place, my friend Nelson
00:30:57Jobim used to say, to make a biography, this is a place to do
00:31:01justice, justice due for
Data courtesy of The GDELT Project (gdeltproject.org), from the Internet Archive TV News Archive. Film strip and transcript are GDELT's, rehosted here under their terms of use, which permit it with this citation.