Minister Cármen Lúcia, of the Federal Supreme Court (STF), ordered the summons of senator Sergio Moro (PL-PR) and his subpoena to present, within five days, a preliminary defense in the criminal action for slander against minister Gilmar Mendes. The former Lava Jato judge is accused of stating, in 2023, that he could “buy a habeas corpus from Gilmar Mendes”.
The order was signed after the First Panel of the STF rejected the appeals presented by Moro’s defense against the receipt of the complaint offered by the Attorney General’s Office (PGR).
Although the video was recorded before Moro took office as senator, the STF ministers understood that the Court has jurisdiction to judge the case because the recording was made public during his tenure in office.
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The case was opened based on a video that appeared on social media in April 2023. In the recording, Moro states: “No, this is bail, an institute… to buy a habeas corpus from Gilmar Mendes”.
The senator apologized for the statement. The defense maintains that the speech was an “unfortunate joke” and argues that Moro was not responsible for editing or disseminating the video on social media.
For the PGR, there was slander because Moro had accused the minister of the crime of passive corruption. According to the complaint, the former judge insinuated that Gilmar Mendes “requests or receives, due to his public role, an undue advantage to grant habeas corpus, or accepts the promise of such an advantage”.
The penalty for the crime of slander can be up to two years in prison. In cases of defamation, the maximum punishment is one year, while the crime of libel provides for a sentence of up to six months.
The PGR defends an increase in the penalty in the event of a conviction on the grounds that: 1) the victim is a STF minister over 60 years old; 2) the statement was made in the presence of several people; and 3) the video was published on the internet.
With the opening of the instruction phase, Moro will be able to present defense arguments, indicate evidence and call witnesses. According to Cármen Lúcia’s order, the senator’s interrogation will take place at the end of the procedural instruction. The minister also ordered formal communication to the Senate about the progress of the criminal action.
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