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The “fumus boni juris” – the proof that a cause is just – is turning, in Brazil, into toxic smoke, in which voluntarism, creative law and, often, corporatism and cronyism are mixed. Unorthodox decisions can overcome, for example, a journalist or a governor. I want to see?
Republic lawyer Deltan Dallagnol, former coordinator of Lava Jato in Curitiba, decided to sue me for moral damages. He chose a path that constitutes what I consider a trick, I will get there. They ordered me to pay him R $ 35,000.
So far the reader will say, do what? In these things, there are always winners and losers. The important thing is to ensure due process of law. I totally agree with the statement and the postulate. It happens that there is a peculiarity in the case.
Sibele Lustosa, the judge who convicted me, is the wife of Prosecutor Daniel Holzmann Coimbra, who works with Dallagnol in the Public Ministry of Paraná. They are partners and friends. It seems certain to me -why am I submitting the case to the scrutiny of readers, judges of Paraná, the Supreme Court and the National Council of Justice- that Sibele should have renounced suspicion to judge the case.
In a democracy, the rules of the game must apply. Provision I of Article 145 of the Code of Civil Procedure provides: “There is suspicion of the judge [quando] close friend or foe of any of the parties or their lawyers ”. Obviously, I am not the enemy of Judge Sibele, but she is the wife of the friend of the other party.
There are peculiarities in the process. Dallagnol appealed to the Sixth Specialized Civil Court of Curitiba, which is the former Small Claims Court. Obviously, we are in the field of freedom of expression and the possible transgression of its limits. A constitutional right cannot, by definition, be considered a “minor cause”.
It turns out that the path chosen by the prosecutor found the court that seemed most appropriate, right? More: because it is a supposed “small cause”, the possibility of appealing the sentence is limited to an Appeals Chamber, which acts as a Court of Justice, obstructing the passage of the STJ.
If I am not successful in this area, there is an extraordinary appeal before the STF, a situation, then, in which either the constitutional court of the country evaluates a case arising from the former Juvenile Court, or the petitioner -in this case, this notary public- is condemned to fulfill. the decision made by the wife of the friend of the winning party.
I do not rule out that Judge Sibele may be convinced that I am guilty and that her husband’s partner and friend are right in their demand. But the Code of Civil Procedure protects plaintiffs, plaintiffs and judges from this perplexing situation. Oh yes: the person who wrote a judgment related to a constitutional basis was a lay judge, a lawyer who provides services to the courts for less complex cases. But the decision must be supported by a judge of law and, in this case, it was Dr. Sibele.
Dallagnol’s adventures, from the PowerPoint show to the impressive events at the National Council of the Public Prosecutor’s Office, to the amazing things revealed by Vaza Jato, make him a famous man and may even win him a Senate seat. It is outside of Lava Jato, which I consider in itself a good for due process.
However, I care less about subjective dispositions. I fight for objective limits. Lava Jato, as we know her, fell apart, but her methods survive, as can be seen in the PGR’s illegal crusade against Wilson Witzel, unfortunately a co-host of the STJ. I have nothing good to say about the governor of Rio. His departure, under the given conditions, is an aberration.
Augusto Aras, Attorney General of the Republic, has certainly built an arsenal convincing enough to make Lava Jato’s troops withdraw. And in silence. Why? It’s up to the press to find out. The fight for the rule of law takes, for me, a new perspective. It is important to put an end to the illegalities established by the working group so that toxic smoke does not serve the new masters.
