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Justice denies the writ of mandamus against Eduardo Bolsonaro's appointment as ambassador

The Brazilian Federal Supreme Court's (STF) Justice Ricardo Lewandowski denied proceeding (deemed unfeasible) the Writ of Mandamus 36620, whereby the Popular Socialist Party (PPS) sought to prevent the President Jair Bolsonaro's appointment of federal deputy Eduardo Bolsonaro (PSL-SP), his son, to serve as ambassador of Brazil in the United States of America. The rapporteur, however, found that the party has no legitimacy to file a writ of mandamus in the event.

Among other arguments, the PPS sustained that the president did not have a republican atitude by appointing direct descendants for strategic public office. "It is a civilizing and institutional setback for the country, which returns to old practices hard-fought for years," it stated. Still according to the party, the indication would offend the constitutional principles governing public administration, including impersonality, morality and effectiveness.

The rapporteur explained that the use of the collective writ of mandamus by the parties, under the Federal Constitution of 1988 and Law 12.016 / 2009, presupposes the threat to the legitimate interests of its members or related to the party purpose. According to Justice Lewandowski, the PPS postulates, in its own name, the judicial protection of diffuse interests and underscores its initiative to act in defense of the current legal order. However, the STF's Plenary, the rapporteur recalled, has already denied universal legitimacy to a political party to file a collective writ of mandamus aimed at the judicial protection of civil society's diffuse rights or interests, “especially when the intended tutelage objectify the defense of the constitutional order ”. Lewandowski cited several precedents from the Supreme Court in this regard.

According to the Justice, one cannot derive from the legislation applicable to the subject matter the recognition of the right of parties to use a collective writ of mandamus in defense of diffuse interests or rights, “in which the genuinely discretionary political act of appointment of heads of Permanent Diplomatic Mission by the Federal President is inserted, pursuant to Article 84, item VII of the Federal Constitution of 1988 ”.

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