Pubblicato in: Devoluzione socialismo, Giustizia

Brasile. Bolsonaro nomina Kassio Nunes alla Suprema Corte.

Giuseppe Sandro Mela.

2020-10-25.

Bolsonaro 001

La Federal Supreme Court del Brasile si presenta con queste parole.

«Current Structure of the Brazilian Federal Supreme Court.

The Brazilian Federal Supreme Court (STF) is composed by eleven Justices, chosen among native Brazilian citizens, who are more than thirty-five and less than sixty-five years old and have notable legal knowledge and soundness of character (article 12, § 3, IV, and article 101, both from the Federal Constitution).

Furthermore, citizens who are related in blood or in affinity to any current Justice of the Court, in ascending, descending or collateral line, until third degree, must not be appointed Justice of the Supreme Federal Court. (article 18 of the Internal Regiment of the Supreme Federal Court).

The process of nominating someone for the lifelong office of Justice of the Supreme Federal Court (article 95 from the Constitution combined with article 16 of the Internal Regiment of the Supreme Federal Court), described in article 101 from the Constitution, begins with the President of the Republic proposing the nominee, in accordance with all the constitutional requirements. The nominee is then submitted to a public hearing before the Senate Citizenship, Constitution and Justice Committee and needs to be approved afterwards by the absolute majority of the members of the Senate. Once approved, he can be designated Justice by the President of the Republic and take office in a solemm session. Once in Office, the Justice will only forfeit the position by resignation, compulsory retirement (at seventy years old) or impeachment. The Federal Cons­titution, by the article 52, II, assigned to the Federal Senate the competence to sue and sentence the Justices of the Supreme Federal Court, in crimes of malversation. The same article, in its sole paragraph, establishes that the condemnation of the denounced Justice depends on the approval of at least two thirds of the Senate members, being the respective utmost penalty the loss of his position and his prohibition on taking on a public office for eight years, notwithstanding other legal sanctions.

Plenary Composition of the Supreme Federal Court.

After several shifts in the quantity of its members, nowadays, the Supreme Federal Court is constituted by eleven Justices, who act in its Chambers as well as in its Plenary. It is woth noticing that three of its members are also part of the Superior Electoral Court, serving two of them as the Chief Justice and the Deputy Chief Justice of that Court.

Functioning of the Supreme Court.

The Supreme Federal Court, highest judicial body in Brazil, with seat in the Federal Capital, Brasília/Distrito Federal, has jurisdiction over the entire national territory. The Judicial Power is also composed by the following bodies: National Council of Justice; Superior Court of Justice; Federal Regional Courts and Federal Judges; Labor Court; Regional Labor Courts and Judges; Electoral Court; Regional Electoral Courts and Judges; Military Court; Military Courts and Judges; Courts and Judges of the States, the Federal District and the Territories. ….»


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«The Brazilian Senate late on Wednesday approved the nomination of Kassio Nunes to the Supreme Court, swiftly signing off on right-wing President Jair Bolsonaro’s first nominee to the nation’s top judicial body»

«Nunes, a conservative and a former appeals court judge, was approved with 57 votes in favor, 10 opposed and one abstention»

«As a Catholic, Nunes’ nomination came as a surprise after Bolsonaro earlier vowed to pick an evangelical Christian for the bench»

«But the president has promised to nominate an evangelical justice next year. Supreme Court Justice Marco Aurelio Mello will step down next year on reaching the legal limit of 75 years old, creating a vacancy»

«During the nomination hearing, Nunes referenced God, prayers and psalms and said that his appointment to the Supreme Court was “a true calling.”»

«Nunes is 48 years old and will only be aged out of the court in 2047.»

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Gli undici membri della Corte Suprema brasiliana restano in carica fino al settantacinquesimo anno di vita.

Con questa nomina, e con quelle prevedibili in futuro, la Suprema Corte brasiliana si avvia ad assumere caratteristiche giurisprudenziali di interpretazione testuale di costituzione e leggi, via via che i giudici ‘interpretativi’ sia avviano alla pensione e sono sostituiti.

Il Presidente Bolsonaro sta semplicemente attuando quanto promesso appena eletto:

«This is the beginning of Brazil’s liberation from socialism, political correctness and a bloated state»

Va di conserva che i liberal socialisti stiano masticando amaro.

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Brazilian Senate approves Bolsonaro’s Supreme Court nominee.

The Brazilian Senate late on Wednesday approved the nomination of Kassio Nunes to the Supreme Court, swiftly signing off on right-wing President Jair Bolsonaro’s first nominee to the nation’s top judicial body.

Nunes, a conservative and a former appeals court judge, was approved with 57 votes in favor, 10 opposed and one abstention.

As a Catholic, Nunes’ nomination came as a surprise after Bolsonaro earlier vowed to pick an evangelical Christian for the bench.

But the president has promised to nominate an evangelical justice next year. Supreme Court Justice Marco Aurelio Mello will step down next year on reaching the legal limit of 75 years old, creating a vacancy.

During the nomination hearing, Nunes referenced God, prayers and psalms and said that his appointment to the Supreme Court was “a true calling.”

“I have conviction that the work – the good fight – is a manifestation of God that leads everyone in all professional occupations,” Nunes told a Senate committee on Wednesday, prior to his confirmation by the full chamber.

Nunes is 48 years old and will only be aged out of the court in 2047.