Consultor Juridico website assured that the plenary session of the Federal Supreme Court (STF) already formed a majority to uphold the second court’s decision, which declared Moro a suspect of arbitrarily judging Lula in the so-called Guaruja triplex case.
However, the votes by Minister Marco Aurelio Mello, who asked for more time to analyze the case, and STF president Luiz Fux are missing.
Ministers Gilmar Mendes, Nunes Marques, Alexandre de Moraes, Ricardo Lewandowski, Antonio Dias Toffoli, Carmen Lucia and Rosa Weber voted in favor of the second court’s decision, while Edson Fachin and Luis Roberto Barroso were against it.
According to the website, Mendes cast the vote that considered that the incompetence declaration by the 13th Federal Criminal Court of Curitiba to try Lula would not harm the process on the suspicion of its former judge, as it would have broader effects .
The inclusion of this issue in the STF’s agenda occurred after Lula’s defense team carried out the request on May 26.