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Former justice minister Sergio Moro was indicted on the presidential ethics committee for allegedly demanding his nomination for the vacancy of minister of the Supreme Federal Court in exchange for remaining in the post of justice minister.
Marcelo Camargo / Agência Brasil
The basis of the complaint, presented this Thursday (4/30), is the statement by President Jair Bolsonaro who, at a press conference, stated that “Mr. Sergio Moro told me: ‘Valeixo can change, yes, but in November, after referring me to the Federal Supreme Court. ‘”
The statement came on Friday (4/24), shortly after Moro announced the resignation of the MJ and made a series of statements about the government’s interference with the Federal Police. This week, Minister Celso de Mello of the Federal Supreme Court authorized an investigation to investigate the exchange of spikes between Moro and Bolsonaro.
According to the request, Moro committed several ethical deviations. Among them, lawyers point out that the conduct of accepting an advantage to ascend to public service constitutes a serious ethical infraction, an act of improbability and, in theory, constitutes a crime of passive corruption.
“A Minister of State, in the exercise of his office, could never condition any conduct of his on the guarantee, by the President of the Republic, of the nomination for a vacancy in the Supreme Federal Court,” the lawyers affirm.
They explain that taking office at the MJ pointed to a personal advantage, “without any correlation with the appropriate position derived from the head of the Ministry of Justice.”
With this, they understand that Moro compromised the primacy of the collective interest, since it is not possible, in the eyes of the public, “to distinguish the actions of the former minister that were guided by the personal ambition to become minister of the STF from those actions that they had the mission to serve the national interest is placed solely and exclusively. “
Pension application
When he called the press conference to announce his resignation, Moro also revealed that his only condition for joining the Ministry was an agreement to pay a pension to his family in case something happened to him, since, when he resigned from the judiciary, He had also given up a 22-year contribution to Social Security.
In the petition, lawyers question the reason for keeping the pension application confidential. They point out that administrative acts, such as the granting of a pension, must be published. “The declared conduct denotes the occurrence of an illegal act, which consists of requiring a personal advantage to carry out the administrative act of appointment to the position in question.”
Another point attacked by the lawyers is that Moro acknowledged that he knew of illegal acts and did not send information to the competent agencies and authorities.
They request that after the investigation, an ethical censorship penalty be applied and that the records be sent to the Federal Public Ministry to verify acts of criminal and inappropriate conduct.
The jurists sign the complaint Celso Antônio Bandeira de Mello, Lênio Streck, Carol Proner, Marcelo Pinto Neves, José Geraldo de Sousa Jr., Kenarik Boujikian, Antonio Moreira Maués, Vera Santana Araújo, Marcelo Cattoni, Gisele Citadinno, Geraldo Prado, Weida Zancaner , Fábio Gaspar and Marco Aurélio Carvalho.
Developments
Report Conjur showed that Moro’s statements, in theory, can lead President Jair Bolsonaro to respond impeachment and criminal action for responsibility and common crimes. For the specialists, Moro did not prevail by not reporting the attempted interference with the PF.
Moro’s statements also motivated the sending of a criminal notice against the president to the STF on Friday (4/24). In the House, until the weekend, there were 29 requests for impeachment to be considered by the president, federal deputy Rodrigo Maia. Three of them were shelved after the ex-minister’s press conference.
Click here to read the report.
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