A suspeição acontece quando um juiz ou autoridade encarregada de determinado processo se afasta do caso por ter relações pessoais ou por outras questões possam afetar sua imparcialidade.
NOTA DO STF:
“Os dez ministros do Supremo Tribunal Federal, reunidos hoje no Supremo, (…) reconhecem a plena validade dos atos praticados pelo ministro Dias Toffoli na relatoria da reclamação número 88.121 e de todos os processos a ela vinculados por dependência e expressam neste ato, apoio pessoal ao excelentíssimo ministro Dias Toffoli, respeitando a dignidade de Sua Excelência, bem como a inexistência de suspeição ou de impedimento. Anote-se que Sua Excelência atendeu a todos os pedidos formulados pela Polícia Federal e pela Procuradoria-Geral da República. Registram ainda que a pedido do ministro Dias Toffoli, levando em conta a sua faculdade de submeter à presidência do Tribunal questões para o bom andamento dos processos e considerados os altos interesses institucionais, a presidência do Supremo Tribunal Federal, ouvidos todos os ministros, acolhe comunicação de Sua Excelência quanto ao envio dos feitos respectivos sob a sua relatoria, para que a presidência promova a livre redistribuição. A presidência adotará as providências processuais necessárias para a extinção da A.S. para a remessa dos autos ao novo relator”.
O presidente da Corte, ministro Edson Fachin, determinou que o material enviado pela PF fosse autuado como arguição de suspeição – um instrumento jurídico que questiona a imparcialidade de um ministro quando há indícios de vínculo ou interesse que possam comprometer a atuação do magistrado em um determinado caso.
Em 2021, dois irmãos de Toffoli venderam, por intermédio da empresa Maridt, parte das cotas que tinham no resort Tayayá por mais de R$ 3 milhões. A venda foi feita para o Arleen, um fundo controlado pela Reag, administradora de investimentos ligada ao Banco Master. ( bem antes do escândalo do Banco ocorrer).
Foram encontradas conversas entre o banqueiro Daniel Vorcaro, do Banco Master e o ministro Toffoli/ em celular apreendido pela PF. Também teriam sido identificadas menções a Toffoli em trocas de mensagens entre Vorcaro e terceiros.
É preciso saber o teor das conversas. A simples conversa não significa suspeição.
O suspeição por envolver interesses de uma das partes que ele está julgando, não significa que o ministro tenha cometido alguma ilegalidade. NENHUM MINISTRO DO STF OU JUIZ PODE JULGAR ALGO EM QUE ELE POSSA TER INTERESSE, mas a venda ocorreu em 2021.
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