Supreme Court Justice Luiz Fux refused this Tuesday (Mar. 22) a court injunction against the decision taken by Justice Gilmar Mendes, last Friday (Mar. 18), to suspend the inauguration of former President Luiz Inácio Lula da Silva as chief of staff. The injunction, signed by Federal Attorney General José Eduardo Cardozo was refused by Fux's order.
The injunction was refused due to procedural issue, without further discussing the case. According to Fux, Supreme Court previous orders reported the impossibility of issuing an injunction to appeal an order made by the Supreme Court.
For Fux, the injunction issued has clear characteristics of appeal. The justice claims that the preliminary decision of Justice Gilmar Mendes was "firmly gounded on dozens of pages, which reveals no flagrant illegality."
The Attorney General's Office (AGU) said on the injunction that the order of Justice Gilmar Mendes is "flagrantly illegal". And further alleges that it incurs in irreparable damages to the federal government and to the Federative Republic of Brazil, since, by suspending the decree of appointment, the Federal Constitution was violated, hindering the president in performing her duties of appointing and dismissing the state ministers, and in being responsible, aided by the state ministers, for the top management of the federal administration.
On Friday, Justice Gilmar Mendes ordered to suspend Lula's inauguration. The justice decided to accept the case filed by the opposition parties (PSDB and PPS). In the same sentence, Mendes ordered to remand the investigations targeting Lula back to federal judge Sérgio Moro in Curitiba.
Translated by Amarílis Anchieta
Fonte: Agência Brasil.