STF evaluates tie-breaker in request for inquiry against Alexandre de Moraes
Understand the deadlock in the STF regarding the request for an inquiry against Alexandre de Moraes and how Edson Fachin's casting vote may decide the judgment.
TL;DR
- The STF is evaluating the opening of an inquiry against Minister Alexandre de Moraes.
- The trial was suspended by Minister Flávio Dino, leading to a potential tie in the votes.
- A key debate is whether the president's vote should break the tie or if the accused should benefit from the deadlock.
- The outcome depends on whether procedural points raised by Gilmar Mendes are resolved and which rule (casting vote or 'in dubio pro reo') is applied.
- Procedural discussions include identifying linked magistrates and relatives and potentially merging this case with another involving Minister André Mendonça.