São Paulo – In a quick decision, Minister Minister Gilmar Mendes, of the Supreme Federal Court (STF), overturned today (5) the determination of the Court’s newcomer, Kássio Nunes Marques, who on Saturday (3) had authorized the holding of services and masses in preliminary decision. “It seems to me that only a negationist stance would authorize an affirmative response (for the presence of the services in person). An ideology that denies the pandemic that now plagues the country, and that denies a set of precedents set by this Court during the health crisis that is arising, ”wrote Gilmar in the decision, which was already expected. The information was released by columnist Mônica Bergamo.
As a consequence of Gilmar Mendes decision this Monday, the case will be taken to the plenary of the court by the president, Minister Luiz Fux. The trial should be held on Wednesday (7).
“Protection of life”
In his dispatch, Gilmar Mendes also highlighted the “devastating scenario”, and that it is necessary to admit that “the measures of restriction to the holding of collective worship, no matter how harsh they are, are not only adequate, but necessary for the greater objective of carrying out the protection of life and the health system ”.
Nunes Marques is the prime minister of the Supreme Court appointed by President Jair Bolsonaro. His decision at the weekend is in line with Bolsonaro’s stance throughout the pandemic: unscientific, denialist and contrary to all the recommendations of the World Health Organization. In addition, when authorizing the services, he contradicted two decisions of the STF itself. In April 2020, the Court determined that states and municipalities have autonomy to adopt restrictive measures to combat the coronavirus pandemic. The minister’s injunction suspended, in practice, a decree by Governor João Doria vetoing the celebrations.
The Supreme Court’s second decision confronted by the novice minister’s denialist injunction is in February of this year, when the court ruled that the National Association of Evangelical Jurists (Anajure), which filed the preliminary injunction authorized by Nunes Marques, has no legitimacy to present actions of concentrated control of constitutionality.
In addition to the legal uncertainty, with his decision, conflicting with the STF’s jurisprudence, the minister appointed by Bolsonaro provoked cults that took crowds to churches on Easter Sunday. This is Nunes Marques’ second controversial manifestation. On March 23, he voted against the suspicion of ex-judge Sergio Moro, was demoralized and called a “coward” by Gilmar Mendes. On Saturday (3), the lawyer and former president of the OAB-RJ Wadih Damous wrote on Twitter that “the novice minister ends up giving his contribution to the ongoing genocide”.
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