Highlights

Denied requests for preliminary injunction against Moreira Franco's appointment to the office of Minister

Tuesday, February 14, 2017

Justice Celso de Mello of the Brazilian Federal Supreme Court (STF) dismissed preliminary injunctions filed by SUstentability Network Party (REDE) and Socialism and Freedom Party (PSOL) that sought to suspend the effects of a presidential decree that named Wellington Moreira Franco to the office of Minister chief of the General Secretariat of the Presidency of the Republic. According to the Justice, Rapporteur for writs of mandamus (MS) 34609 and 34615, the mere granting of the status of Minister does not guarantee any immunity to its occupant, and the prerogative of jurisdiction "does not grant any personal privilege on anyone who is in office".

The main claim of the political parties is that the appointment of Moreira Franco would constitute a misuse of purpose, since it would aim to guarantee the prerogative of jurisdiction, thereby obstructing criminal investigations within the scope of the Lava-Jato operation and preventing his arrest.

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MS 34609

MS 34615

14/2/2017 - Indeferida liminar contra nomeação de Moreira Franco para o cargo de ministro
6/2/2017 - Rede questiona nomeação de Moreira Franco como ministro de Estado
8/2/2017 - STF recebe novo pedido de anulação da nomeação do ministro Moreira Franco