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Governor of State can be prosecuted without authorization from the Legislative Assembly

Wednesday, May 3, 2017

The Plenary of the Brazilian Federal Supreme Court (STF), in the session of this Wednesday (3), judged of the Direct Action of Unconstitutionality (ADI) 5540, proposed by the Democrats party (DEM), and decided, by majority vote, that it is not necessary the Authorization of the Legislative Assembly of Minas Gerais (AL-MG) to receive the complaint and institute a criminal action against the governor of the state by the Superior Court of Justice (STJ) for a common crime. With this judgment, STF changed the jurisprudence that was current until that moment and began the debates to edit a binding summary with the objective of pacifying the matter.

Also by a majority of the votes, the justices followed an understanding expressed by the justice Luis Roberto Barroso and chaired by the ADI rapporteur, justice Edson Fachin, that removes the automatic dismissal of the position in case of receiving the complaint against the governor. The plenary decided that the decree of removal from the position of governor will be at the discretion of the STJ, due to the peculiarities of each concrete case, in a well-grounded decision.

Thesis

At the end of the trial, the following thesis was established: "There is no need for prior authorization by the Legislative Assembly to receive a complaint or criminal complaint and institute a criminal action against the state governor for a common crime, being a function of STJ, In the act of receiving the complaint or in the course of the proceeding, dispose in a grounded way about the application of precautionary penal measures, including removal from office ".

Read more: STF altera jurisprudência e afasta necessidade de licença para julgamento de governador
 

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