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The sentence that condemned Lula continues to be annulled by another decision, determined by Minister Edson Fachin, who pointed out the incompetence of the Federal Justice of Paraná to analyze the PT processes and annulled the sentences for Operation Lava Jato in Curitiba.
With the decision of this Tuesday, the Second Panel canceled the entire triplex process, which must be resumed from the starting point by the investigators.
The decision resulted from the class judgment of an action filed in 2018 for Lula’s defense.
The majority in favor of the action of the former president was satisfied with the change of vote of Minister Cármen Lúcia. In 2018, when the trial began, he had dismissed the lawsuit, but has now followed the understanding of his colleagues Gilmar Mendes and Ricardo Lewandowski.
Cármen Lúcia understood that new elements showed that Moro’s performance was not impartial, it favored the prosecution and, therefore, according to the minister’s assessment, there was an irregular trial.
Suspicion is not automatic for other Lula processes; the defense, for example, will have to challenge the other cases in court. Moro was not the author of Lula’s conviction in the case of the Atibaia site, but he received the complaint and made the PT a defendant in this case.
For the rapporteur of Operation Lava Jato in the Federal Supreme Court, Minister Edson Fachin, Moro’s suspicion has effects that go beyond the case of Lula and opens a vacuum for the lawyers of those convicted in Lava Jato to question in the courts the conduct of the former judge and indicate other sentences as illegal.
Cármen Lúcia justified that new elements added to the process allowed a new analysis of the facts raised by Lula’s defense that pointed to the irregular conduct of the judge in the sentence.
According to the minister, no one should be prosecuted by a judge or court or convicted of any voluntarism.
According to her, there are elements that there was a “confusion” between the judge and the Public Ministry, which is the accusing body.
Cármen Lúcia affirmed that he was not considering dialogues obtained by hackers that demonstrate a combined action between the judge Sergio Moro and the attorneys of the Lava Jato Operação and affirmed that reconfirming Moro’s partiality on the conviction of Lula does not mean that it will have an impact on other cases of the Operação. Jet wash.
“I think we are judging the habeas corpus of a patient [Lula] which turned out to be in a specific situation. I do not believe that the procedure is extended to anyone, that impartiality is extended to anyone or reaches other procedures. Because here I am taking into consideration something that has been proven by the petitioner regarding this patient, in this condition, ”said the minister.
According to her, “this peculiar and exclusive situation of the patient in this habeas corpus obliges me to adhere to this sentence, to this unique condition demonstrated in relation to the conduct of the investigating judge in relation to this patient.”
“I am not, therefore, making any kind of reference to Operation Lava Jato, but to a patient treated and who shows that, in relation to him, there were inappropriate behaviors and that therefore give rise to biases,” said the minister. .
Minister Nunes Marques voted before Cármen Lúcia, who, in the last 3, interrupted the trial asking for a hearing (more time to analyze the process).
Marques rejected the action of Lula, who, at that time, formed a score of 3 to 2 against Moro’s declaration of suspicion. With the change of vote, Cármen Lúcia changed the result from 3 to 2 in favor of accepting Lula’s action.
Nunes Marques considered that the facts raised by Lula’s defense were “confronted” by the Justice and that it was not necessary to analyze them again.
According to him, the points related as arguments in the action – “coercive conduct, violation of confidentiality, disclosure of audios, content of the information provided to the STF by the magistrate, grounds declined upon receipt of the complaint, position of the magistrate, literary works on the issue of Operation Lava Jato, participation of a magistrate in political events, predisposition to condemn the magistrate, considerations of the magistrate in an academic article ”- have already been appreciated by the Justice.
For Nunes Marques, it is necessary to have evidence to declare a suspicion.
“In my opinion, all these events have already been the object of analysis in all instances of the Judicial Power. It is not feasible to re-analyze three fundamentals in this chosen way. In case of suspicion, evidence is needed. ”
In the vote, Marques commented on the statements of Gilmar Mendes and Ricardo Lewandowski about dialogues obtained by hackers that would evidence a combined action between Judge Sergio Moro and the prosecutors of Operation Lava Jato.
“If piracy were tolerated, even for defense, no one would be sure of their privacy, their property, their freedom. In the case under examination, the evidence is material obtained by hackers. They are the direct result of crimes. Understanding in a different way would be a cross-cutting way to legalize the activity of hackers in Brazil. ”
After the vote of Nunes Marques, Minister Gilmar Mendes asked to speak, challenged the main points raised by his colleague and again defended that there was a partiality of Moro.
Mendes did not agree with the procedural issues raised by Nunes Marques, took points from the defense and deepened extracts of the vote that he had already presented. He said a combination of judge and prosecutor cannot be allowed.
Mendes said that habeas corpus can be used to declare illegality in any trial, citing that there were irregularities in the process such as coercive conduct, the interception of the defense of the former president. and nominated Nunes Marques by name multiple times.
Mendes also said that regardless of the outcome of the trial, the case has already represented the demoralization of justice.
“It is not about playing without knowing habeas corpus. It is very easy not to know about habeas corpus. Often behind the habeas corpus technique, a coward hides. And Rui said: ‘The good thief was saved, but there is no salvation for the cowardly judge,’ ”he said.
The minister reinforced that he judged with the evidence of the process. “The selective and manipulated nature of the leaks does not erase the records of when [Moro] became a national hero. He took the protests over Lula’s arrest as a show of support. I close by reaffirming my vote and emphasizing that in a short time, and I have said it clearly, I will not use information from hackers to speak about this case. Don’t do me any injustice. Now, I think these facts are historically relevant, ”he declared.
