Honored at the Supreme Court, Celso de Mello says he has faith in the independence of the Court in ‘nebulous’ times | Policy


Celso de Mello retires on October 13 and is yet to participate in this Thursday of the trial that will determine whether President Jair Bolsonaro will testify in person or in writing in the investigation of alleged interference with the Federal Police. The minister is rapporteur for the inquiry.

This Tuesday (6), he participated in the last session as a member of the Second Panel of the STF, in which he was also honored.

After listening to all the other ministers, Celso de Mello thanked the tribute and said he regretted “not being able to share the great challenges that this nation has always faced and still faces”.

The minister said he had “unshakable faith in the integrity and independence of the Supreme Court, however challenging, however difficult and foggy the times may be, and the winds that will blow”.

“The magistrates of this high court, with their qualities and attributes, will always be, as they always have been, up to the best and most dignified historical traditions, especially in the delicate moment of our institutional life in which the rites of power are ignored and in which high The authorities of the Republic, ignoring the fact that no power is unlimited and absolute, incur dangerous tests of co-optation of republican institutions, whose performance can only be considered legitimate when the degree of institutional autonomy that the Constitution guarantees them is preserved ”, he declared.

The dean said he was now “much more past than future”, but, he added, “life is in constant evolution”. “There is a time for every purpose, for everything that happens, behold, there is always a right occasion for everything.”

Demonstrations by ministers

To the minister Cármen Lúcia started the speeches, affirming that the plenary will always have “the strength of the moral and intellectual presence of Minister Celso de Mello, his vital example, professional ethics, to lead us in his model trajectory, as a human being, as a judge”.

The minister affirmed that “humanity needs good people” and that “badness is bad”, in a country with “many wounds to be healed”.

“José Celso is a good man. This would make it essential, even more so in Brazil, where evil has its place in the citizen’s place. A good man, a good man, uncompromising with anti-republican and anti-democratic practices. ”

The Minister Alexandre de Moraes he said that the Dean taught that “Supreme Court does not bow to pressure, does not admit pressure from any sphere of power, combats acts of corruption and does not tolerate the power that corrupts, nor admits the power that is allowed to be corrupted”.

The Minister Edson Fachin he stated that Celso de Mello “always refused the offer of the easy way” and that he could “be succeeded in this court, but never replaced”.

Then, Luis Roberto Barroso he stressed that the minister will have his votes studied by jurists of the future and will serve as inspiration.

To the minister Rosa Weber he added: “A day to honor, to celebrate a unique human being”. “We are absolutely going to lose. Minister Celso de Mello integrates and will always integrate the STF institution. ”

THE Attorney General of the Republic, Augusto Aras, said that the Dean represents the “realization of Justice” with his contribution to the law, in the defense of fundamental rights, to the strengthening of democracy, principles and values ​​of the citizen Constitution.

To Advocate General of the Union, José Levi, the absence of Celso de Mello “opens a void”, which is only characteristic of men who do not let themselves be forgotten “because they are themselves”.

“Celso de Mello made the time, he was always ahead of time, he never expected to happen,” said Minister Ricardo Lewandowski, citing the Dean’s historic decisions.

The Minister Dias Toffoli he added that Celso de Mello assisted in the creation of jurisprudence aimed at protecting human and minority rights. “He is a man ahead of his time. The dean’s view of justice is reflected in the STF’s own mission. ”

To supreme president, minister Luiz Fux, the dean is the “living representation of the good judge”. According to Fux, Celso de Mello “highlighted the role of the institution in fighting mainly restrictions on fundamental rights”.

“Both dedicated their lives to the cause of fundamental rights, always emphasizing that the Judiciary is committed to the fundamental values ​​of the Charter of the Republic, which protect the dignity of the human person, that fundamental value that was erected between struggles and barricades.”

According to Fux, he is, on the one hand, “a visionary, republican and progressive judge, a man ahead of his time. On the other hand, his serene stance and his conciliatory profile transformed him into a singular dean of this Court: point of balance in moments of instability and lighthouse in situations of darkness ”.

For the president of the STF, Celso de Mello’s “haughtiness” and “cordiality” made him an undeniable internal reference, a natural leadership “.

“It is he who helps us in sensitive matters, with wise lessons and welcoming advice. It is he who takes the lead to preserve and defend the court in delicate moments, with discretion and self-restraint, but heroic courage,” said Fux.

In August, Celso de Mello completed 31 years of STF. He was appointed by ex-president José Sarney in 1989. Judge Kassio Nunes Marques was appointed by president Jair Bolsonaro to replace him. Marques will still undergo a hearing and vote in the Senate on the 21st.

José Celso de Mello Filho was born on November 1, 1945, in Tatuí (SP). He graduated in law from the Faculty of Law of the University of São Paulo (Largo do São Francisco) and, the following year, he was approved first in the contest of the State Public Ministry.

He remained in his career for 20 years, until he was appointed to the STF. He also served as interim general consultant to the Republic between 1987 and 1989.

Celso de Mello says goodbye to the Second Panel of the Supreme Court


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