The minister, of the (Federal Supreme Court), decided to change his vote in relation to an appeal presented by Renato Duque’s defense and started to defend the annulment of all proceedings arising from against the former director of .
Duque has served a prison sentence since August 2024.
In September last year, Duque’s petition had been denied by Toffoli, but the defense subsequently filed a regulatory appeal (type of appeal), which began to be judged this Friday (31).
The deadline for all five ministers in the group to comment is November 10th. The appeal is analyzed by the Second Panel in a virtual session (when there is no debate in a physical plenary and the ministers just enter their votes in the STF system).
The report was unable to contact Duque’s defense this Sunday (2). The case is being processed confidentially at the STF.
There are already two votes in favor of Duque, who asks the court to recognize the former judge’s collusion with members of the Federal Public Ministry in conducting his processes and collecting evidence against him.
Dozens of others have already had their cases annulled following recognition of collusion. The MPF and Moro, now a senator for União Brasil, deny illegalities.
In the first analysis of the appeal, in October last year, Toffoli voted against Duque and put the case forward for the other members of the Second Panel to demonstrate. But the minister asked for a review (more time for analysis) and the appeal remained without judgment for a year.
This Friday (31), Gilmar released his vote and defended the nullity of all acts carried out by Moro and members of the MPF to the detriment of Duque, whether in the pre-procedural phase or during the course of the criminal actions that were processed within the scope of the 13th Federal Court of , maintaining only the effects of the plea bargain agreement signed by the defendant. He also voted to order the immediate revocation of the arrest.
Soon after, Toffoli changed his mind and started to agree with Duque’s defense. He said that the new decision was taken based on the analysis of Gilmar’s vote.
According to Gilmar, like other defendants, Duque was subjected to “illegal, abusive and corrosive procedures of the guarantees of due legal process, the natural judge and the impartiality required in any and all trials.”
“It should be noted that the defendant is described, in the complaints offered by the MPF, as a liaison and a person with the strict confidence of politicians and members of the highest leadership of the Workers’ Party. It is by virtue of this link, in fact, that the aggravating party became the object of the abusive measures described in this petition, which had clear and well-defined political objectives on the part of the members of the Public Ministry and the Court of the 13th Federal Court of Curitiba”, writes Gilmar.
The other three ministers in the group (, and ) had not yet spoken out until this Sunday morning (2).
Duke is. On July 12 of that year, substitute judge Carolina Moura Lebbos, from the 12th Federal Court of Curitiba, . According to the judge, he should still serve a custodial sentence of 39 years, 2 months and 20 days, in a closed regime.
The penalty refers to four convictions that have already become final, that is, when there is no longer any possibility of appeal, and involves crimes of passive and money laundering.
Time already takes into account discounts for detraction and redemption, referring to the period in which he was preventively detained. He had two stints in prison: in November and December 2014; and from March 2015 until March 2020. Afterwards, he used an electronic ankle bracelet until April 2023.
Duque was one of the longest-serving prisoners of Operation Lava Jato, launched in 2014. Throughout his prison term, he proposed to collaborate with the MPF, confessed to having committed a crime and agreed to give up R$100 million in accounts abroad. Also did (PT).
At the time, Lula released a statement stating that Duque’s report was “another attempt to fabricate accusations” in exchange for a reduced sentence in Lava Jato.
