Brazil's highest court voted 8-2 to take over the case yesterday, effectively removing the probe into Silva from Judge Sergio Moro, the lower court magistrate spearheading a corruption case centered on state-run oil company Petrobras.
Moro, a judge from the provincial backwater of Curitiba, has risen to prominence over the past two years while presiding over the Petrobras investigation that has ensnared some of Brazil's richest businessmen and top public figures from across the political spectrum.
Silva's supporters say Moro is waging a crusade against the former leader and fear he could order Silva detained, a step the Supreme Court is thought much less likely to take, at least in the short term.
The full court has not yet taken up appeals of a separate injunction that prevented Silva from taking office as President Dilma Rousseff's chief of state, a post that would give him greater legal protections. Under Brazilian law, only the Supreme Court can authorise the investigation, detention and indictment of Cabinet ministers and legislators.
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Meanwhile yesterday, demonstrators were gathering in at least five states to support Silva and Rousseff, who is facing impeachment proceedings over accusations she violated fiscal laws. Demonstrators dressed in red, the symbol of Rousseff's left-leaning Workers' Party, were converging in the capital, Brasilia, as well as the financial center of Sao Paulo and other cities throughout the country.
Rousseff's chance of surviving impeachment effort looked slimmer after the biggest party in her governing coalition decamped earlier this week a move that also created confusion about the status of her Cabinet.
But Agriculture Minister Katia Abreu, a close confidant of Rousseff, said on Twitter that she didn't plan on leaving either the government or the party. Her tweet suggested the other five PMDB Cabinet ministers held the same stand.