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Minister Gilmar Mendes, president of the Second Chamber of the Supreme Federal Court (STF), included in the collegiate’s agenda for the afternoon of this Tuesday (23) the action that discusses whether former judge Sergio Moro was partial in the sentences. of former president Luiz Inácio Lula da Silva.
Minister Nunes Marques, who had requested a hearing (more time to analyze the case), returned the case to trial. The request to declare Moro’s suspicion was made by Lula’s defense.
The sentence was suspended on the 9th, with a tie of 2 votes to 2. Ministers Edson Fachin and Cármen Lúcia, who already voted against Moro’s suspicion, indicated that they should take another vote.
Minister Gilmar Mendes during the session of the 2nd class STF on March 9 – Photo: Fellipe Sampaio / SCO / STF
In theory, the vote of Nunes Marques would be decisive, but until the end of the trial, the ministers can change their position.
The five class ministers are deciding whether Moro acted partially in convicting Lula in the Guarujá triplex case, an investigation under Operation Lava Jato in Paraná.
Gilmar Mendes and Ricardo Lewandowski voted to declare suspicions and cancel the triplex process.
The trial on suspicion began in 2018. On that occasion, Mendes asked for more time for analysis. The resumption, in this month of March 2021, was motivated by the decision of Minister Edson Fachin in relation to Lula’s convictions. Fachin annulled two convictions of the former president by the 13th Federal Court of Curitiba, responsible for Operation Lava Jato. For him, the jurisdiction to judge the houses did not belong to the Federal Court of Curitiba. He ordered the referral of the cases to the Federal Court of the Federal District.
STF resumes trial on Moro’s suspicion this Tuesday (23)
As a result of the annulled sentences, Fachin declared, due to “loss of purpose”, the actions that questioned Moro’s partiality had been extinguished.
But the Second Panel had already begun to judge one of these actions, in November 2018. At that time, after the votes of Fachin and Cármen Lúcia, Gilmar Mendes asked for an opinion and, since then, he had not presented the case again to judgment.
Faced with Fachin’s decision to extinguish the lawsuits challenging Moro’s impartiality, with which he disagreed, Gilmar Mendes brought the case to class on Tuesday, to continue the trial.
Arguments for Lula’s defense
Lula’s defense uses as an argument to point out suspicions the fact that Moro received and accepted an invitation to join the government of President Jair Bolsonaro, as Minister of Justice. For the lawyers, this reveals that he would have been politically motivated throughout the process.
According to the defense, Brazil signed international treaties that establish guidelines for State action and that guarantee the right to a fair trial, in accordance with the law and conducted by an impartial judge.
For Lula’s defense, this did not happen with the former president. The lawyers also say that there were “manifest illegalities and arbitrariness” against Lula to affect his image and reputation at the time. As examples, he mentioned coercive conduct for testimony, searches and seizures, telephone interceptions and disclosure of part of the content of the intercepted conversations.
