The minister, of the (Supreme Federal Court), annulled all acts of the then holder of the 13th Federal Court of Curitiba, against the absence of just cause.
In the decision on Friday (6), the rapporteur extended the effects of another declaration of invalidity of the operation against Guilherme de Salles Gonçalves, lawyer targeted by two actions in investigations resulting from Lava Jato and Bernardo’s corner in criminal actions.
“In this case, it was taken care of various phases of the ‘Pixuleco Operation’ -due to the Lava Jato -, having been recognized the existence of collusion between former judge Sergio Moro and members of the Public Prosecution Service from objective circumstance involving the prior accusation and magistrate for the outbreak of police operations, as well as Guilherme de Salles Gonçalves,” says the rapporteur.
Thus, the minister understood that the legal situations in relation to the two, as the defense stated.
“Given such a framework of absolute institutional anomaly, in which the Public Prosecution Service and Judiciary were in collusion to the detriment of previously chosen targets, the decision of this STF makes it clear that the procedure to the detriment of the petitioner is based on measures that greatly deprive the limits of due process,” said the former minister’s lawyers in the request.
In June last year, the minister had already annulled the evidence against the basis of Odebrecht’s leniency agreement. The material supported the ongoing criminal action at the 22nd Federal Criminal Court of Porto Alegre (RS).
Paulo Bernardo led ministries in the governments Dilma Rousseff and Lula and responded for charges of criminal organization, money laundering and in Brazil, which was an offshoot of Pixuleco 2, the 18th phase of Lava Jato.
In Curitiba, when it was Pixuleco 2, and then, as Brazil Cost, the operation against Bernardo.
In September 2015, a month after Pixuleco 2 was triggered, the Supreme Court decided to withdraw part of the Moro process and divided it between Minister Dias Toffoli (for people with forum in the Supreme) and the Federal Court of São Paulo.