Brazil's top court discusses politicians' special jurisdiction privileges

Next May, Brazil’s Supreme Court is expected to hear a case that seeks

Published on 18/04/2017 - 12:41 By Ludmilla Souza reports from Agência Brasil - São Paulo

Brazil's Supreme Court Justice Alexandre de Moraes on Monday (April 17) said Brazil has more officials who enjoy special jurisdiction privileges than any other country.

“It’s over the top,” Moraes said, while avoiding stating his personal stance on the issue. “We at the Supreme Court are going to discuss narrowing the scope of special jurisdiction privileges going forward, so it's clearly something I can’t talk about at this time.”

The special jurisdiction privileges entitle authorities on certain ranks of public office—namely members of Congress, ministers, and the president—to have any criminal cases against them litigated in the Supreme Court.

There is a case pending before the Court that seeks to restrict these privileges. Luís Roberto Barroso, the justice overseeing the case, has moved to make them applicable only when the offenses were committed by the entitled officials in the course of duty in the present office. Those committed before taking office, the justice recommended, should be tried at lower courts.

The Chief Justice of the Supreme Court, Cármen Lúcia, is expected to slate a hearing on the case for May.

Background

The Rio de Janeiro State Prosecution Service filed charges against Marcos da Rocha Mendes, who is currently serving office as mayor of Cabo Frio, for “buying voters” in his 2008 election bid. Since then, Mendes has served two terms as Federal Deputy, causing the case to move up and down between the Supreme Court and lower courts.

According to Justice Barroso, the case shows how “dysfunctional the special jurisdiction privileges are” in a system that is “designed to go wrong”.


Translated by Mayra Borges


Fonte: Brazil's top court discusses politicians' special jurisdiction privileges

Edition: Fábio Massalli / José Romildo

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