2023-10-24 00:33:12
And we are going to yet another setback for the dispute between Apple it’s at Gradient in justice. According to the website WHOMafter the return of the vote in the virtual plenary — and with a score of 5 to 3 votes in favor of Maçã —, the rapporteur of the case at the Federal Supreme Court (STF), the minister Toffoli Dayshighlighted the trial that would end this Monday (October 23) — which means that all votes will be reset and the case will be restarted in the physical plenary of the court.
Toffoli, it is worth remembering, gave a favorable opinion to the Brazilian company in the trial regarding the use of the brand “iphone” in the country. He was accompanied by Gilmar Mendes and, more recently, by minister André Mendonça. Luís Fux and Luís Roberto Barroso, in turn, disagreed with the rapporteur’s vote — a position that was followed by Alexandre de Moraes, who had requested a review of the case in June.
Soon after, ministers Cristiano Zanin and Carmen Lúcia also joined the divergence and voted in favor of Maçã — which indicated a clear tendency towards victory for the company in the case. In the physical plenary, ministers will have the chance to re-present or even change the votes they already gave in the trial, which will have its return date set by Barroso, current president of the STF.
If we consider the votes already given in the virtual plenary, only minister Nunes Marques has not yet presented his position on the case, since magistrate Edson Fachin — for unknown reasons — declared himself a suspect.
As restart in the physical plenary, there may be time for the future (and unknown) replacement of minister Rosa Weber, recently retired from the court, to vote in the trial. This detail may have even motivated Toffoli to highlight the case, since, depending on the votes of Nunes Marques and (possibly) the future minister, the score could be tied.
By stopping and restarting the vote, the highlight will also give Gradiente more time to try to reverse the trend of defeat in the country’s last instance of justice. The company, it is worth remembering, recently hired former president Michel Temer to act as a lawyer in the case.
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