VOTE OF THE JUDGE THAT GRANTED THE EXTRADITION OF BATTISTI FOR ITALY CAN BE ANNULLED

When doing the covering of the result of the judgement of the case Battisti in STF (Constitutional Tribunal of Brazil) the Brazilian press it didn't look at an important detail.



In Brazil whole and any juridical action (practiced inside or out of the Judiciary) it can be annulled, because "the law won't exclude of the appreciation of the Judiciary Power lesion or threatens to right" (art. 5th, XXXV, of Brazilian Constitution).



The Brazilian legislation allows to the Judge to decide freely according to his conviction, but it demands that he is impartial. The Judge's partiality corrupts the juridical validity of the decision that he to utter in the new lawsuit. This nullity is or it can be the juridical foundation of the Lawsuit of Annulment of Judicial Action.



One week before Gilmar Mendes to utter his vote in the case Battisti was published in the Internet the result of the judgement (http://www.midiaindependente.org/pt/blue/2009/11/458308.shtml). The partiality of the President of STF was so evident that his vote can be premature with accuracy: Gilmar Mendes judged that Battisti committed common crimes in Italy and this doesn't allow that to him the political asylum is granted.

The anticipation of Gilmar Mendes's vote demonstrates the high degree of his partiality. He was suspicious or impeded of voting for in the case Battisti and even so it uttered his vote. Therefore, the nullity of this can be invoked in the Brazilian Judiciary Power.



It competes to the Judge of first instance to appreciate and to judge the request of annulment of juridical action. As an Lawsuit of Annulment of the vote of the President of STF in the case Battisti will produce effects on the refugee's of this condition, the interest of the Brazilian Union is evident. Therefore, the new lawsuit should be judged in the Federal Justice. The place of the lawsuit should be the author's last home, that will have to be own Battisti for obvious reasons.







More details on the case Battisti here:

http://sithan.multiply.com/journal/item/133/BRAZIL_THE_CONFUSIONS_OF_THE_CASE_BATTISTI_