Minister Kassio Nunes Marques of (Supreme Federal Court) interrupted on Friday (4) the judgment of the appeal against the decision that, former Minister of Governments of Lula and (both of).
The score was 2 against 2, in the analysis made in the second class, integrated by five magistrates.
The collegiate analyzes an appeal by the (Attorney General’s Office) against the decision that he benefited the former minister. According to the request of the Attorney General, there is no strict correlation between the annulment of acts against businessman Marcelo Odebrecht and the case of Palocci.
Dias Toffoli and voted to ratify the annulment of decisions against Palocci.
Fachin opened divergence on Tuesday (1st) in the trial that occurs in the virtual plenary – remote environment through which ministers include their votes. The minister accompanied Fachin’s position.
According to the divergent understanding, it is not possible to invalidate all judicial measures against Palocci automatically as a result of previous cancellations.
The session is open until the end of Friday night.
Palocci was Minister of the Finance of Lula and the Civil House of Dilma. He was also mayor of Ribeirão Preto and federal deputy by PT-SP.
The former minister’s lawyers asked Toffoli to extend Palocci the benefits granted to Marcelo Odebrecht, arguing that messages obtained by Operation Spoofing (which investigated those responsible for hackear and leaking conversations of prosecutors) pointed to the former judge and “unquestionable procedural context between prosecution and defense.”
Mendonça states, in the vote given this Friday, that he has manifested the same way in other cases, in the sense of maintaining strict limits on extension requests.
“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 ordinary instances, at risk that the principle of natural judge is violated and becomes true universal judgment,” says the minister.
Toffoli’s decision maintains, which acted as Minister of Finance of and the Civil House of (both do) and was involved in scandals that led him to leave his positions.
It comes in the wake of other anniversary related to Lava Jato, such as acts against businessman Marcelo Odebrecht, who presided over the contractor.
In his decision, Toffoli says messages exchanged between Moro and then Lava Jato coordinator Deltan Dallagnol, suggest bias and even instructions for the prosecutor to perform better.
“The necessary fight against the law fiscal and applicator to breach it, and it should be mourned that this behavior, duly identified from operation dialogues, has fed into nullity, with huge damage to Brazil,” says Toffoli in the decision.
Palocci in a phase of the Lava Jato baptized as Omertà, a Neapolitan term that defines the Honor Code of the southern mobster organizations of Italy.
The expression appears in one of the dialogues in which of the former minister. They point out that even the then Judge Moro used the word Omertà to refer to the silence of the petistas.
