[ad_1]
Jurists heard by G1 Evaluate that the judicial system will suffer, day by day, a great impact from the decision of the Federal Supreme Court (STF) that this Tuesday (23) declared former judge Sergio Moro partial in the conviction of former president Luiz Inácio Lula da Silva in the case of Guarujá triplex.
According to experts, the scenario that will be outlined will be marked by greater concern on the part of judges, prosecutors and prosecutors both in the way they conduct the processes and in the treatment received by the accused and defendants.
Most jurists, however, understand that the annulment of 4 Lula cases by the STF minister, Edson Fachin, and the consequent referral of the cases to the Federal District, where they will be analyzed and tried again, only applied repeated decisions of the STF and as the Court has been thinking for some years.
See 3 central questions about the case below:
- What is the impact on the trials against Lula of the STF decision that declared Moro a suspect?
- Does the decision have an impact on other Lava Jato cases?
- Will Fachin’s decision also have an impact on other processes?
1 – What is the impact, in the cases against Lula, of the STF’s decision that declared Moro a suspect?
TO Fachin’s unilateral decision on March 8, which will still be re-evaluated by the Plenary of the Court, He understood that the one who had no competence to analyze the proceedings against Lula was the Curitiba federal court headed by the former judge. and not really Moro.
Fachin cited STF precedents that the 13th Federal Court could only try Lava Jato cases referring to crimes committed against Petrobras. Any other crime that is discovered during the investigations, such as the one attributed to Lula and that is not related to the state company, must be redistributed by lottery to other courts. A court is a judicial unit that adjudicates cases.
The decision of the 2nd Panel of the Supreme Court on Tuesday he understood that whoever was suspected of trying Lula was Moro, and not Vara. This means that Moro was not impartial enough. Analyze trials against Lula without prejudice and all the acts carried out by the former judge are null and non-existent, and must be redone.
Fachin had dismissed only 4 lawsuits against Lula: the site in Atibaia, the triplex in Garujá and two situations that involved the Lula Institute. Now, however, with Moro’s suspicion, any other trial or act carried out by the former judge can be considered illegal and void in other trials against Lula.
The decision of the 2nd Panel comes after Lula’s defense questioned before the Supreme Court Moro’s impartiality to judge the former president based on conversations disclosed by hackers between the former magistrate and the prosecutors that make up the Lava Jato Working Group in Curitiba. The crackers (as they are called hackers who commit crimes) were arrested in Operation Spoofing by the Federal Police.
In the analyst evaluation heard by the G1Moro’s suspicion in this case is limited to former President Lula and is not automatically valid for other Lava Jato defendants. However, criminalists point out that there will be repercussions throughout the country in the way in which magistrates act in specific cases and their relationship with prosecutors or prosecutors, avoiding early prejudices that may drop more cases.
“Moro’s suspicion in this case applies only to Lula. The accusation is as follows: the judge (Moro) deliberately wanted to harm Lula. This is what the STF analyzed, whether this accusation is correct, true or not, or if it was only a defense argument, and the judge is impartial and there is nothing wrong. The decision is only for Lula, “says Alberto Rollo, professor of law at Mackenzie Presbyterian University.
2. Does the decision have an impact on other Lava Jato cases?
Not directly, because the suspicion request was made by Lula and will be valid, initially, only for the former president. But indirectly, Moro’s suspicion can affect other processes, yes.
This is because the decision of the 2nd Panel that it understood, after analyzing its conversations with the prosecutors and other arguments presented by the defense, that the former magistrate was partial in the specific case, will have an impact on the entire Brazilian legal system. and affect other Lava Jato processes, understand the experts heard by the G1.
That is what, for example, the professor and Master in Criminal Law Conrado Gontijo, who sees an impact beyond Lava Jato that exceeds the trials against Lula.
“It seems to me that this decision is, indeed, of enormous importance for the specific case of former President Lula, but also for the Brazilian justice in a more comprehensive way. Minister Gilmar Mendes himself has already said several times that the messages released about the talks Between the prosecutors and the judge, this promiscuous and illegal relationship between Moro and the Lava Jato Task Force would be one of the biggest scandals in the world and in Brazilian judicial history, undoubtedly the biggest, ‘says Gontijo.
“Once the suspicion of former judge Sérgio Moro is recognized, it is essential that the acts carried out by him are declared null and void, because the main characteristic that a judge should have is to treat the parties equidistant. It is a decision that reveals the level of absurdity that Lava Jato carried out ”, understands Gontijo.
Thus, after declaring Moro’s suspicion, the STF must say how are the cases against Lula in which it tried and what are the next steps.
Criminal law teacher Celso Vilardi agrees with Gontijo that the impact of the STF’s decision on Moro’s suspicion will have a great legal impact, but he disagrees for the benefit of other defendants. You see that the benefit will be “indirect”.
“It can generate some other annulment (of the demands of other defendants) depending on the dialogues, the messages [divulgadas pelos crackers] of the conversations of the former judge, but they will be specific cases that will have to be re-analyzed by the STF on other occasions, ”says Vilardi.
3. Will Fachin’s decision also have an impact on other processes?
Jurists heard by G1 They disagree on the impact that Fachin’s decision that annulled four trials against former president Lula and the transfer of the records to the Federal Justice of Brasilia will have on Lava Jato.
Some understand that, now, there will be an avalanche of resources and complaints for similar cases. Others believe, however, that since the minister only applied jurisprudence (reiterated decisions) that had already been admitted by the Supreme Court since 2015, the annulment of Lula’s cases is only an expected consequence and many Lava Jato defendants have obtained previously the same result. , with forwarding of the operation processes to Brasilia, Bahia and other states.
“Fachin’s decision may affect other Lava Jato cases, yes. And that has been said in recent years. Fachin listed a number of precedents (in Monday’s decision). Fachin did not give birth to that child. He simply surrendered to the understanding of previous cases of the Ministry of Planning, Abreu e Lima, MDB and Transpetro ”, understands Davi Tangerino, professor at the São Paulo Law School – FGV, one of the most recognized in the area.
“Fachin’s decision gives new life to all the defendants who already alleged that there was no clear demonstration that they were accused of conduct related to the deviations of Petrobras”, also understands Rubens Glezer, also a professor at the Faculty of Law of São Paulo (FGV).
“Minister Fachin fell short in saying that Court 13 is competent to try crimes related to Petrobras. Outside of this matter, there is no natural jurisdiction of the Court. Anyone who feels harmed by the incompetence of this sentence can request an extension from the decision to the others ”, says the criminal lawyer Jacqueline Vallas, professor of Criminal Law and Criminal Procedure.
The doctor and master in Criminal Law, Conrado Gontijo, does not agree with the other colleagues. He understands that the annulment of the Lula processes by Fachin will only apply to the former president.
Regarding the decision of Minister Fachin, I do not believe that it will have immediate impacts in any other case of the Lava Jato operation, it only applied to the Lula cases an orientation already established in the STF that the jurisdiction of the 13th Court of Curitiba The investigation of related facts with Lava Jato, it is restricted to deviation events in cases where Petrobras is a victim, a link that does not appear directly in these cases, ”says Gontijo.
Master in Criminal Law and a graduate of the PUC SP, the criminalist Celso Vilardi, a lawyer for several defendants of PF operations, coincides with Gontijo, among them Lava Jato. For Vilardi, as the STF has been applying this understanding for some time, “all the other defendants who had to request the transfer of jurisdiction in cases that were not related to Petrobras, have already done so.”
