Judgment would be completed this Friday (4) in the virtual plenary, with the minister’s tiebreaker; There is no date to resume the vote
The minister, he asked for a view-more time for analysis-this Friday (4) and interrupted the trial in the Second Class about the decision of Minister Dias Toffoli who annulled all evidence and cases against the former minister (governments Lula and Dilma) in . Move a resource to restore criminal actions against Palocci. The trial would be completed this Friday, 4, in the virtual plenary, with the minister’s tiebreaker. There is no date for the resumption of the vote. By the Supreme Court rules, the Minister who asks Vista has up to 90 days to return the process for judgment, if contrary to the action is automatically released to be included again on the agenda.
Defendant I confess, Antonio Palocci closed award-winning collaboration agreement and reported bribes of R $ 333.59 million allegedly raised and passed on by companies, banks and industries to politicians and different parties in Lula and Dilma Rousseff governments (2002-2014). The decision does not affect the award -winning collaboration agreement, which remains valid. The former minister paid a fine of $ 37.5 million in exchange for the benefits of the denunciation.
As a rapporteur, Toffoli opened the votes. He justified that he annulled the lawsuits because, as well as President Luiz Inacio Lula da Silva (PT), the former minister would also have been a victim of the “collusion” between former Judge Sergio Moro and Lava Jato task force prosecutors in Curitiba. To justify the “absolute nullity of all acts performed” against Palocci in Lava Jato investigations and actions, including in the pre-procedural phase, Toffoli argued that “the grounds that led to the recognition of the collusion (..) transcend to the other criminal prosecutions that suffered before the same judicial body and in the same context as the operation lava the jet”. The decision is due to the basic dialogues of Sergio Moro’s cell phones and Lava Jato prosecutors, obtained from Operation Spoofing, which arrested those responsible for the cyber attack. Palocci’s defense selected excerpts of conversations about the former minister to claim that he was the victim of a “true conspiracy with political goals.”
Lula was the first defendant at Lava Jato to have cases and convictions annulled by the STF. The precedent has benefited other entrepreneurs and politicians. In his vote, Dias Toffoli states that Lula and Palocci were defendants in the same criminal proceedings opened from the investigations of the task force and, therefore, would be in a similar situation, which in the evaluation of the minister authorizes the extension of the decision that benefited the president. Minister Gilmar Mendes followed Toffoli’s position, but did not present a written vote.
Ministers Edson Fachin and André Mendonça opened divergence. In his vote, Fachin argued that the Supreme Court could not have extended Palocci the decision that benefited Lula because they are different contexts. In his assessment, the former minister’s request should have been filed and analyzed by the judge who conducts the lawsuits in the first instance, otherwise the Federal Supreme Court would be behavior as a “universal judgment of knowledge”. “On the pretext of extension requests, it cannot examine broad and generic requests on the most varied investigations arising from Operation Lava Jato, although under the cloak of granting habeas corpus of office, under penalty of violation of the natural judge and the rules of competence,” he said.
Fachin also argued that the dialogues obtained in Operation Spoofing “are serious, deserve to be cleared and the judiciary should give an answer about them,” but should not be used as proof because they did not go through official expertise. Minister André Mendonça was in the same line and argued that Palocci’s request should be analyzed “in the appropriate instances and roads.” “It is not possible that, under the justification of the extension, this Court enters the merits of the widest range of claims, prepared by various parts and with only indirect relation to the paradigm decision, which should be considered in the ordinary instances, at risk that the principle of natural judge is violated and becoming true universal judgment.” Former Finance Minister in President Lula’s first government said in award-winning denunciation that offered by Emílio Odebrecht, owner of the construction company.
*With information from Estadão Content
Posted by Sarah Paula
