Federal Court rules new Justice Minister should remain in office

Appellate Court Justice Candido Ribeiro, president of the Regional Federal Court of the 1st Region (TRF1), ruled Monday (March 7) that new Justice Minister Wellington César Lima e Silva can be sworn in, until the Federal Supreme Court (STF) decides whether he must resign his current position as a prosecuting attorney to take office as a minister.

Ribeiro's ruling upheld an appeal filed by the Attorney-General's Office (AGU) to suspend an injunction granted by judge Solange Vasconcelos to opposition party Democratas (DEM) last Friday (Mar. 4). In granting the injunction, Judge Vasconcelos held that Lima e Silva was not eligible to take office because he holds a position with the State Public Prosecution Office of Bahia.

In his ruling, Ribeiro said Vasconcelos's decision involves “interference with government activity, with an underlying impact on the governance conditions for the head of the Executive Branch.”

He went on, “What's more, with the hereby challenged injunction, as stated by the petitioner, a ministry that is directly responsible for public security, constitutional rights, prison administration, among other very relevant issues, was suddenly left without anyone in charge.”

Translated by Amarílis Anchieta / Mayra Borges