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The substitute judge Waldemar Cláudio de Carvalho, of the Tenth Federal Criminal Court of the DF, denied the defense of former president Lula access to the conversations seized by the so-called “spoofing” operation. The exchange of pirated content from the cell phones of the authorities, especially members of the Federal Public Ministry in Paraná and former judge Sergio Moro, was determined by Ricardo Lewandowski, of the Federal Supreme Court, on the 28th.
In the decision, Waldemar Cláudio de Carvalho says that the “request for access” to the talks is not part of Resolution 71/09, of the National Council of Justice, which defines what matters can be heard during judicial duty.
It turns out that, according to Lula’s lawyers, there was not exactly one request for access, as the exchange has already been ordered by the Supreme Court. The former president’s defense only asked Vara to request that Lewandowski’s decision be enforced.
Thus, the substitute judge treated the compliance request as if it were a kind of new lawsuit filed by Lula’s lawyers, which is not the case. The magistrate was only responsible for sending a mere dispatch ordering the Federal Police to hand over the expert files.
“I am not aware of the request made in the file, since it is not a matter that can be considered in turn, since the urgency or exceptionality necessary to justify subtracting the analysis of the matter from the natural judgment of the cause has not been demonstrated,” says the judge. replace.
The magistrate also welcomed a statement from the Public Ministry, according to which the request for access made by Lula’s defense was directed to the titular judge of the Tenth Federal Criminal Court of the Federal District, not to the officer on duty.
Finally, he said that Complaint 43.007, tried by Lewandowski and that gave Lula access to the impersonation material, has as part of the 13th Federal Court of Curitiba, which had Moro as its owner, and not the Tenth Court.
“What should be a mere bureaucratic procedure for compliance with a decision of the STF is becoming a barrier for the determination to be fulfilled by the Federal Police, which has possession of the expert files,” he told the spells Lawyer Christian zanin, responsible for Lula’s defense.
The former president’s lawyers have already asked Lewandowski to report the violation. They request that the minister reinforce his decision a second time, without prejudice to other measures that may be appropriate against the substitute judge of the Tenth Court.
In the petitions sent to the Supreme Court, the defense also stressed that Judge Ricardo Leite, head of the Tenth Court, is questioned, but the magistrates who represent the Court during the shift and who are not complying with the distribution order.
Irregularities
This is not the only irregularity since Lewandowski ordered the talks between prosecutors and Moro to be shared. Initially, instead of dispatching a mere “compliance”, so that the decision of the STF was immediately executed, the Tenth Court opened a hearing for the Public Ministry to demonstrate.
The procedure goes against the order of what should be done, since the correct thing is to comply with the decision and, in the same order, open the hearing to the MP. It is worth remembering that there is nothing parquet can do against Supreme Court decisions, as the first degree MP cannot even petition the STF. Therefore, the opening of the hearing only delayed Lewandowski’s order.
Due to the conduct of the Tenth Court during the shift, the defense of the former president requested the STF last Wednesday (12/30), denouncing that the decision was not carried out and requesting Lewandowski to reiterate his order.
“The information that there was a hearing of the Public Ministry is incompatible with the determination issued by His Excellency. In fact, I repeat, it was only up to the first degree court to determine compliance with the order issued by this Supreme Court – even though in the same act he could also summon the deputy for science, but never for demonstration, “says the article sent to Lewandowski by the former president’s lawyers.
“With due respect,” continues the defense, “the first pronouncement of the official sentence must comply with the ruling of this Supreme Court and never prioritize a manifestation of the Public Ministry.” “The decision made by His Excellency is not conditioned on any ministerial statement or opinion.”
This Thursday (12/31), Lewandowski responded to the request and reiterated the order that determines the exchange. With the decision of Waldemar Cláudio de Carvalho to deny access to the data seized in the “spoofing”, the defense requested a new reiteration.
Suspicion
Lewandowski’s order was issued in the course of a complaint that gave Lula’s defense access to Odebrecht’s leniency agreement. The determination takes into account the fact that the Curitiba “lava jato” informed the STF that it does not have documentation regarding the communications made with the United States authorities, a version already denied in the reports of the “jet escape.”
News of Public agencyFor example, it showed, based on messages exchanged between MPF prosecutors in Paraná, that US prosecutors and authorities held talks on the leniency agreement.
Lula’s defense had already asked Minister Luiz Edson Fachin to access the messages in another process: in the HC that deals with the suspicion of prosecutors in Paraná.
The documents will also be relevant in another case: the one dealing with Moro’s suspicion. The process can be seen by the STF in February of this year. Therefore, the former president’s lawyers want to collect all possible data that refer to Lula in the files seized for “spoofing.”
The trial will be important, since Lula may be re-elected if the Supreme Court decides on Moro’s suspicion. The seized messages have already been investigated by the FP and their integrity has been verified.
Click here to read the decision
Processo1015706-59.2019.4.01.3400
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