Supreme Court Justice Flavío Dino decided to reinstate both Andrei Rodrigues as director-general and Leandro Almada as director of police intelligence, overturning the previous decision by Justice André Mendonça who had removed both delegates. Dino's decision was made in the context of a controversy involving the legitimacy of the New Party to request the precautionary removal of the delegates in a criminal investigation.
Flavío Dino argues that there are serious procedural problems in his colleague André Mendonça's decision. The main point questioned is the fact that the New Party would not have standing to request the precautionary removal of the delegates, since the Code of Criminal Procedure provides that precautionary measures be requested by the parties, by the police authority, or by the Public Ministry, not including political parties among the parties with standing.
Additionally, Justice Dino argues that the issue should be analyzed by the Full Supreme Court and not by a single justice's decision. The argument is based on the fact that the court's president, Edson Fachin, had already instituted a procedure for the Full Court to analyze the issue, making an individual decision on the matter inappropriate.
