Appointment of Moreira Franco to cabinet suspended by lower court

The Attorney General's Office (AGU) has appealed the ruling

Published on 09/02/2017 - 08:42 By Ivan Richard Esposito reports from Agência Brasil - Brasília

Brasília - Presidente Michel Temer cumprimenta o novo ministro da Secretaria-Geral da Presidência da República, Wellington Moreira Franco, em cerimônia no Palácio do Planalto (Antonio Cruz/Agência Brasil)

President Michel Temer and Moreira Franco at the new ministers' oath-taking ceremony Antonio Cruz/Agência Brasil

The Attorney-General's Office (AGU) has appealed a ruling by Judge Eduardo Rocha Penteado from a federal court in Brasília on Wednesday (Feb. 8) that suspended the effects of the appointment of Moreira Franco as the chief administrative aide to the president.

According to Judge Penteado, the circumstances of Moreira Franco's appointment are similar to those of the appointment of former president Luiz Inácio Lula da Silva as Chief of Staff by then-president Dilma Rousseff last year.

On that occasion, Supreme Court Justice Gilmar Mendes suspended the appointment based on an understanding that the move was meant to protect Lula from being tried by a lower court for the charges against him in the “Car Wash” corruption case—in Brazil, ministers (including cabinet-rank position as the Chief of Office) enjoy special jurisdiction privileges and any charges against them can be tried by the Supreme Court only.

“It is of record that Moreira Franco has been named in connection with compromising affairs in plea bargain testimonies heard from Odebrecht [construction firm] in the Car Wash investigation. It is also of record that he was appointed as a cabinet minister after just three days of the admission of such testimonies as evidence in the case, which will result in a change of the jurisdiction over him,” the judge said in his injunction ruling.


Translated by Mayra Borges


Fonte: Appointment of Moreira Franco to cabinet suspended by lower court

Edition: Amanda Cieglinski / Nira Foster

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