The issue was discussed in a trial on the prisoner’s arrest last Thursday (15). Minister Gilmar Mendes pointed out that Andr do Rap’s lawyers filed several requests for habeas corpus. The latter was for Minister Marco Aurlio, who has a more guarantor profile. One of the requests filed by the defense went to Minister Rosa Weber and the defense withdrew the request, according to the G1 portal.
“There is a rule in the regiment that allows the withdrawal that occurred in that habeas corpus to be made without prevention. a suggestion for reform. It needs to be renovated, because that, certainly, leads to the possibility of fraud ”, said Gilmar Mendes. I prevent a term that refers to cases where a magistrate reporting to a Supreme Court action and also has other connected cases.
The resolution, published on Thursday night by Fux, established that the distribution of shares and resources in the Court must follow this principle of prevention in the linked cases. In this way, habeas corpus, for example, goes to the same magistrate, the rapporteur. The change aims, according to Fux, “to improve security, transparency and the randomness of the distribution of processes”.
“The registration or distribution of the action or resource generates prevention for all the processes linked to them by connection or continence, in accordance with the rule of article 59 of the Code of Civil Procedure”, established Fux. In the resolution, it is also foreseen that “the homologation of a withdrawal request, the decline of competence or the knowledge of the request will not de-characterize the prevention in case of multiple filing of shares or appeals”. That is, it is not possible to withdraw a request to file another one, with the intention that it reaches the hands of another minister.
In the document, the President of the Supreme Court emphasizes that “any doubt, omission or divergence in the distribution of cases and the detection of an attempt to circumvent the system’s randomness will be communicated and resolved by the President of the Court, by reasoned decision”. It was also determined that the definition of process rapporteurs outside of office hours must pass the validation of the Initial Processing Coordinator, the Judicial Secretary and the Presidency.
Fux also created the Working Group to Improve Security, Transparency and Randomness in the Distribution of Processes, which will have members specified by act of the presidency. The group should “promote studies, analyzes and reports for the improvement of workflows, computerized systems and internal rules for the distribution of processes of the Supreme Court”. This team will work for 30 days, and the work may be extended for another 30 days.
In the resolution, the president informs to be submitted to the ministers in administrative session “proposal for the adaptation of the rules of the Internal Regulation that deal with the distribution of shares and resources”.