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Sergio Moro, when he was a judge of the 13th Federal Criminal Court of Curitiba, prepared a file on the Minister of the Superior Court of Justice Marcelo Navarro Ribeiro Dantas and forwarded it to the lawyer Deltan Dallagnol. After pressure from the self-proclaimed “lava jet” working group, Ribeiro Dantas ceased to be the rapporteur for the court’s operational processes.
José Cruz / Agência Brasil
The messages are part of a petition presented by the defense of former President Lula, this Monday (2/22), to the Federal Supreme Court. The dialogue is part of the material seized by the Federal Police in the course of an investigation against the hackers responsible for breaking into cell phones of the authorities. THE spells retained abbreviations and typographical and spelling errors present in the messages.
In a conversation on Telegram on December 17, 2015, Sergio Moro tells Deltan Dallagnol that he needs a manifestation of the MPF in the request for revocation of the preventive prison of the farmer José Carlos Bumlai until 12 noon the following day. Then, the then federal judge criticized the performance of Ribeiro Dantas.
“Look how strange it is. Marcelo Navarro denied release in VERY LESS SERIOUS cases and with much less reasons. He did not always substitute with the argument that the sentence is greater than 4 years !!! yet, but follow the analysis. Done here and the menus. “
Moro then sends the Dallagnol sentences of Ribeiro Dantas when he was a judge of the Federal Regional Court of Region V, compiled by José Avelino de Souza Júnior, director of the Criminal Processing Unit of the Court.
“Dr. Deltan, basically Min. Marcelo Navarro, then Deputy Fed. De TRF5, maintained most of the preventive arrests when he evaluated the HCs against the original decisions, at least considering the most recent decisions (from 5/2012 to 4/2015 From what I understand, the biggest and most repeated argument is the health / suitability of the prison decrees, based on the need for an effective application of criminal law, the convenience of procedural instruction and the guarantee of public order, and the absence of irregularities that could characterize illegal coercion “.
In the survey, Souza Júnior points out that, “in practically all the decisions”, Ribeiro Dantas denied the request to substitute pretrial detention for alternative precautionary measures, considering that the maximum penalty for the crime exceeded four years. Article 313, I, of the Criminal Procedure Code, allows the preventive detention decree for such crimes. But the server reports that the former TRF-5 judge also denied the substitution of detention in cases of crimes with a penalty below that level. In these situations, the argument was that the defendant was also responding to other more serious crimes.
“In short, I realized that his tendency was to stay with the prisons while he was on TRF5. Just to have an idea (I didn’t see all the files, as there are around 63 that came back by the criteria I used), in practically all of their most recent ones that I searched with the keyword ‘preventive detention’ (there were 24 that I saw), the decision was for the maintenance of the prison and the impossibility of substitution by other precautionary measures, with denial of the HC (this occurred in 22 cases), granted the HC, in 1 for excess of term and in another for excess of the amount of bail.
Attacks on minister
Marcelo Navarro Ribeiro Dantas was appointed a member of the STJ by then-President Dilma Rousseff in 2015. He took office on September 30 and became rapporteur for the “lava jet” operation processes in the courts.
The minister was attacked by the “lava jet” after Bernardo Cerveró, son of the former director of Petrobras, Néstor Cerveró, told the Attorney General’s Office that he heard that there was a “political movement” for his father to obtain an HC through of the intermediation of a minister. with the surname “Navarro”.
In a winning argument, former Senator Delcídio do Amaral (PT-MS) stated that Dilma, before choosing someone for the STJ, had asked him to “speak with Judge Marcelo Navarro, so that he would confirm his commitment to release Marcelo Odebrecht and Otávio Marques de Azevedo “, by Andrade Gutierrez. According to Delcídio, Ribeiro Dantas “ratified his commitment.” The former senator’s accusations have never been substantiated and the investigations against the magistrate have not advanced.
However, the minister came to be haunted by the “lava jet”. In a conversation on March 5, 2016, attorney Carolina Rezende, from the PGR, said that the objective of the operation should be “to hit Lula on the head.”
The dialogue took place the day after the former president was coercively taken to testify before the Federal Police. “After yesterday, we have to hit Lula in the head (priority number 1), for us in the PGR, I think the second most relevant objective would be Renan.” [Calheiros, PMDB-AL]”he stated.
Also according to the prosecutor, “hitting the STF ministers” at that time could make the “car wash” fight “everyone at the same time.” The best thing would be “at that moment to reach the youngest minister of the STJ,” Carolina said, referring to Ribeiro Dantas.
“We cannot fight with everyone at the same time. If we try to reach the STF ministers, for example, they will unite against LJ [“lava jato”], I do not have doubts. It’s a good size, the way I see it, at that moment we reached the youngest minute of the STJ. I believe that the opening of another front against the Judiciary could have ended. On the other hand, those other issues (Lula and Renan) for us today are fundamental for us to win the battles already open ”.
Ribeiro Dantas denied several habeas corpus applications from “lava jet” defendants, such as those of João Vaccari Neto, former PT finance secretary, and businessman Carlos Habib Chater. However, he voted in favor of the release of Marcelo Odebrecht and Otávio Marques de Azevedo in the 5th Panel of the STJ. He was unsuccessful and transferred the report of the “lava jet” processes to Minister Felix Fischer.
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