Brazil: Moreira Franco authorized as chief administrative aid to the president

Brazil's Supreme Court Justice Celso de Mello has ruled favorably on the appointment of Moreira Franco as chief administrative aide to the presidency. Mello is the justice handling two disputes filed by REDE and PSOL parties challenging Franco's appointment.

The two parties claimed the promotion was a political move to shield Franco from potential prosecution by giving him a position that enjoys special jurisdiction privileges (ie the right to have any criminal charges against him prosecuted at the Supreme Court only.) Moreira Franco has been implicated in the Car Wash corruption scandal.

Justice Mello rejected claims the appointment was an attempt to obstruct justice. He maintained that special jurisdiction privileges are a result of the appointment, but said this does not mean immunity from prosecution.

“Simply being appointed to a cabinet-rank position will not give any immunity to this qualified aide to the President of the Republic, because, irrespective of his position as a minister, while he does have a right to have any ordinary criminal cases against him heard by the Supreme Court only, he will not enjoy any favors there.”

The ruling, issued on Tuesday (Feb. 14), puts an end to a lower court injunction war over Franco's promotion—which went as far as three injunctions to suspend his investiture and another three to authorize it.

On Monday (13), President Michel Temer spoke publicly to defending Franco's promotion. He promised to fire any government members charged in connection with the Car Wash scandal.

Translated by Mayra Borges