President Luiz Inácio Lula da Silva should appeal to the full Supreme Federal Court before complying with an order suspending Federal Police Director-General Andrei Rodrigues. The assessment was made by lawyer Marco Aurélio de Carvalho, head of Lula's campaign in São Paulo and coordinator of the Prerrogativas legal collective, speaking to Folha de S.Paulo on Tuesday.
Supreme Court Justice André Mendonça ordered the immediate suspension of Rodrigues and the head of police intelligence, Leandro Almada da Costa, earlier on Tuesday. The individual injunction cited allegations of unauthorized monitoring of public officials, including Mendonça himself and Attorney General Jorge Messias.
Carvalho stated that an immediate legal challenge is the proper route for the presidential palace. According to the lawyer, the president should take this step "given the gravity of the measure." Government officials contend that the individual court ruling infringes on the president's exclusive constitutional authority to appoint and dismiss the leadership of the Federal Police.
The institutional response will be filed by the Office of the Attorney General (AGU). The federal attorneys are preparing a petition to challenge Mendonça's jurisdiction and request a ruling from the full bench of eleven justices.
Developments inside the court moved swiftly on Tuesday. In the Supreme Court's Second Panel, Justices Luiz Fux and Nunes Marques voted to uphold Mendonça's order before Justice Gilmar Mendes requested a formal review, halting the vote. Mendonça's individual injunction remains active while the court awaits the return of Mendes's review and the filing of the administration's appeal.