Marcos Rogério: This happened in relation to those accused of involvement in January 8, in the occupation, depredation and vandalism that occurred in the public spaces of the Parliament, the Judiciary and the Planalto (Presidential Palace), and then you again have someone who denounces being treated as a criminal.
Marcos Rogério: In any republican system, it is inadmissible that someone be simultaneously an interested party and judge of their own case.
Moreover, the Brazilian Code of Civil Procedure – and the Code of Criminal Procedure, likewise – make this impediment clear.
Marcos Rogério: A judge who has an interest in the case, or their spouse, cannot participate in the proceedings.
Marcos Rogério: This is a basic principle of law. Now, at the same time, it is important to ask: would the use of extradition in this case be a type of persecution of the whistleblower?