Supreme Court Judge confirms analysis of Bolsonaro release after 2nd lap

O magistrate informed, in a note, that it will not analyze before the second round the request for criminal review of the former president, arrested by coup de Estado, “for considering that this may interfere in the electoral process”.

“ This should be evaluated only after the second round, which does not immediately mean after, it is necessary to wait for the process to be complete ", informs the statement.

Nunes Marques also pointed out that the case remains pending from the Attorney General's Opinion, but when ready for trial, the judge will take the review process for plenary analysis.

In addition to a Brazilian Supreme Court judge, Nunes Marques is also president of the Superior Electoral Court (TSE).

The second round to know who will run the Palácio do Planalto in the next four years takes place on the next day 25, between Flávio Bolsonaro, from the PL, who had about 2.2 million votes more than the current Brazilian president, Lula da Silva.

The position of the magistrate occurs after the newspaper Folha de S. Paulo revealed that he evaluated releasing the former president with a ruling injunction after the second round, or even take the subject for analysis of all the judges of the court.

Nunes Marques, who raised the post at the Supreme Court in 2020 for Jair Bolsonaro's nomination, is rapporteur for the criminal review process filed by the defense of Jair Bolsonaro on September 25 to try to annul the 27-year sentence and three months in prison for attempted coup.

The lawyers of the former Brazilian president claimed to have found “new evidence” and again asked for suspension of the execution of the sentence.

The defense stated that the judge Alexandre de Moraes, of the Brazilian Supreme Court, could not have “acted by office”, that is, should not have initiated the procedural act of the coup plan of his own free will without being demanded or provoked.

To support the argument, Bolsonaro's defense pointed out the stance of Moraes and the Attorney General of the Republic (PGR) during a tense and controversial session of the Brazilian Supreme Court, on September 15.

On that occasion, the Supreme met to discuss whether Moraes should be investigated in the scandal of the Master Bank, after coming to the public its close relationship with former banker Daniel Vorcaro, currently arrested for fraud in the financial system.

Bolsonaro's defense also pointed out that on that day, the judges argued, including Moraes, that it was necessary to have time and access to the full data collected in the course of an investigation to the Master to analyze all the material extracted from Vorcaro's cell phone.

The lawyers argued in the request that these same rules were not applied to Bolsonaro in the course of the trial of the so-called scam plot, since the defense requested, more than once before the conviction, access to the full materials, but had the requests denied.

The fact that Jair Bolsonaro's defense triggered Nunes Marques directly made the president of the Brazilian Supreme Court, Edson Fachin, last Friday, create administrative rules to prevent the purposeful targeting of petitions to specific Supreme Court judges.