[ad_1]
Minister Celso de Mello, of the Supreme Federal Court, determined on Thursday night (04/30) the summons of Sergio Moro to testify in the investigation investigating the conduct of President Jair Bolsonaro and the statements of the former Minister of Justice and Public security. The ex-minister’s investigation must be carried out by the Federal Police within five days.
José Cruz / Agência Brasil
The decision was granted taking into account the urgent reasons mentioned in a petition sent by three parliamentarians: Senator Alessandro Vieira (Cidadania-SE) and MPs Tabata Amaral (PDT-SP) and Felipe Rigoni (PSB-ES).
Celso indicates that Moro makes a “detailed statement on the terms of the pronouncement, with the exhibition of the appropriate documentation that it may have on the events in question.”
The request of the parliamentarians is that the Supreme Court keep in office all federal delegates currently in the Special Investigations Service (SINQ), which is responsible for investigating the investigations, reporting to the Director of Investigation and Fight against Organized Crime ( DICOR), The Federal Police.
Minister Alexandre de Moraes has already acted in this direction by deciding to keep the PF delegates in two investigations supervised by the court, to determine fake news against members of the court and protest in favor of AI-5.
Again, the goal of retaining investigators is to avoid political interference in investigations, as Moro stated, by announcing the resignation of the Ministry of Justice. The idea of the parliamentarians is to protect the investigative service in the Supreme Court.
The petition, to which the Conjur He had access, he even put in check the independent action of the new Minister of Justice, André Mendonça. “The reason is that the new Minister of Justice, as well as the future Director General of the Federal Police, can cooperate, albeit indirectly, to satisfy the wishes of the President of the Republic, against the autonomy of that body,” they maintain. . .
In summary, the urgent request of the parliamentarians was that the seriousness of the accusations against Bolsonaro “, added to the serious political crisis that the country is going through, leads us to believe that the 60-day period to carry out due diligence in screen may prove excessive. “
Celso de Mello accepted only one of the requests from the parliamentarians, which was to advance Moro’s testimony. It determined that, after Moro’s hearing, the Public Ministry should be heard, dominus litis (owner of the lawsuit, in Portuguese).
Inquisitive process
In the decision, the rapporteur stresses that it is not for the Judiciary to assess the need for certain investigative measures or to decide whether the elements raised are sufficient to allow the complaint to be filed, “under penalty of the magistrate becoming the unconstitutional figure of the inquisitive judge. ” After all, apart from legal exceptions, the Constitution establishes, in matters of criminal procedure, the accusatory system, so that the accusation and the trial are attributed to different organs.
“For this reason, it is necessary, in kind, and as previously emphasized, the previous hearing of the well-known Attorney General’s Office on the completion of the investigation steps suggested by the congressmen, now plaintiffs,” concludes the minister.
The decision of this farm is based on the jurisprudence of the court itself, including an IDA informed by Alexandre de Moraes.
Click here to read the decision.
Inq 4,831
* News modified at 23.05 to add information.
[ad_2]
