Gilmar Mendes was appointed to the Supreme Court (Supreme Court) in 2002
To accept the arguments of the PSDB opposition parties and PPS and prevent the inauguration of former President Luiz Inacio Lula da Silva as Chief of Staff, Minister Gilmar Mendes added another fact to the controversial list during its operations in the STF (Supreme Court Federal), many in the opposing camp defended by PT.
On the 18th, in the lawsuit filed by the parties, Mendes suspended Lula's inauguration to a final decision of the Supreme and determined that the investigations against PT remain with the judge Sergio Moro, responsible for Operation Lava Jet at the 13th Federal Court of Curitiba.
The minister understood that there is evidence that Lula's appointment was motivated by the goal of delivering the Supreme investigations against the former president, removing Moro the possibility of ordering any request for arrest of PT. President Dilma Rousseff (PT) denies this interpretation and said that Lula was chosen to collaborate with the government.
Spreads Lula's inauguration, Mendes has modified its own legal understanding. In previous decisions, the Minister had argued that political parties could not use that action, an injunction to that kind of challenge.
To appeal the decision, Lula's lawyers complain that the minister held a "prejudgment" by criticizing Supreme during the session before receiving the shares.
Career and PSDB
Mendes took office at the Supreme Court in 2002, appointed by President Fernando Henrique Cardoso (PSDB). Previously, it was prosecutor and chief minister of the AGU (Attorney General of the Union) in the FHC government, which was also deputy chief for legal affairs of the Civil House.
He also served as a defender of former President Fernando Collor de Mello (then the PRN today without party) during the impeachment process in 1992. At the time, Mendes was the head of the Presidency's Legal Counsel. Today, he is the only one of supreme ministers appointed by former President Fernando Henrique.
In 2008, Mendes decided to file two remediation actions for administrative impropriety against Pedro Malan, José Serra and Pedro Parente, all ministers of the FHC government. On the last day 15, the first class of the Supreme Court accepted an appeal of the Attorney General's Office and reopened actions. They questioned billion dollar assistance given to the Economic Bank by the Central Bank in 1994, among other measures.
The proximity to the government PSDB was cause for criticism when the appointment of the Supreme Mendes. AMB (Brazilian Association of Magistrates) issued a note at the time against the statement, considering Mendes "derived from the nearest bodies of government policies."
Already advocates the appointment of the minister, as the International Academy of Law and Economics, pointed out the high legal knowledge of Mendes, who is regarded as one of the constitutionality control experts (adequacy of laws to the Constitution) and published several books on law Constitutional.
The appointment to the Supreme interrupted the plans reported at the time that he could join the PSDB to dispute the government of Mato Grosso. Family of politicians, his brother, Francisco Ferreira Mendes Junior was mayor the hometown of the Minister of PPS, Diamantino (MT) from 2001 to 2008. Their father, Francisco Ferreira Mendes, also led the city twice in the decades of 1960 and 1970.
'Independent'
Criticism of an alleged Mendes political bias were overruled by the jurist Ives Gandra Martins, minister friend, in an interview with "BBC".
"He is absolutely independent, does not accept anyone's pressure. When you decide, and often people do not like their decisions, always decide with conviction and legal basis," he said.
For Gandra, the "severe" attitude of the minister is not a matter of temperament, but of ethical concern. "Gilmar is a very objective citizen, does not like to live with the error. It can often aggressive look to others, but it follows from that feature to find that the government can not be dishonest, "he noted.
The very Mendes has already ruled on it. "As for these critical partisan issue, I have voted in many important processes in favor of PT, and there is no problem about it. In the case of (Antonio) Palocci, I was the conductor vote in that awful case of homemade" he said in reference to the filing of the complaint against the former Minister of Finance Lula, who was accused of having broken the bank secrecy of homemade Francenildo Coast.
"Now, I am critical but certain practices and make criticism of the Brazilian political system in general. Do not limit myself to criticize the PT," he added.
See some of the major controversies between Gilmar, the PT and the judiciary.
Seminar with opposition in Portugal
On Friday (25), Mendes denied that there is any political bias in a legal seminar to be held in Lisbon by an educational institution attached to it and that will have important politicians of the opposition. The seminar is being held in its fourth edition by IDP (Public Brasiliense Institute), which Gilmar Mendes is a founding partner and the Faculty of Law, University of Lisbon. The event will have the participation of senators Aécio Neves (PSDB-MG) and José Serra (PSDB-SP), but also the ruling Jorge Viana (PT-AC).
Rousseff's re-election against actions
Mendes was the vote that opened the divergence and finished winner in judgment on an unprecedented Aime (Electoral Mandate Impeachment Action) requesting the revocation of the plate that re-elected President Dilma Rousseff (PT). From Mendes to vote in the TSE (Superior Electoral Court), the court decided by 5 votes to 2 open the action against the president. In his opinion, Mendes argued that an investigation into suspicions that the kickback scheme at Petrobras, investigated by Operation Lava Jet may have flooded the PT campaign. Mendes was also rapporteur of the PT campaign accounts in TSE and, despite having approved the accounts, called for investigations against seven companies that acted in the election contracted by PT to institutions such as the Federal Police and the Federal Public Ministry.
Ban campaign donations
When there was a majority in the Supreme for donations from companies were prohibited in election campaigns, Mendes asked Process view and left paralyzed the trial for a year and five months. The minister returned to action for trial in September last year. Donations from companies to politicians were banned by a vote of eight of the 11 ministers. At trial, Mendes voted favorably to the corporate donations and said in a hard vote, which the lawsuit was a "conspiracy" to benefit the PT party opposed to the private financing of campaigns.
Lula called 'the speech'
In 2008, the Minister Gilmar Mendes said he would call the then president Lula "to speak" to collect explanations about an alleged wiretapping that would have been made in his office in the Supreme. Dialogue allegedly captured by the clip was a conversation between Mendes and the time Senator Demosthenes Torres (DEM-GO). The terms used by Mendes to charge Lula's explanations were deemed offensive by PT allies. Federal Police investigation ended up file the case after failing to find the audio recording of the alleged clip or other evidence that the interception has actually been performed.
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