With the judgment of the 2nd Panel, all acts performed by the former Minister of Justice as a federal judge in the case of the triplex were annulled, including those in the pre-procedural phase. Until then, a monocratic decision by Minister Luiz Edson Fachin had annulled the decisions of the 13th Federal Criminal Court of Curitiba in Lula’s cases, for recognizing the incompetence of the court, but preserved breaches of confidentiality, interceptions and material resulting from searches and seizures.
According to Lula’s lawyers, the suspicion must also be extended to the processes related to the headquarters of the Lula Institute, which was not sentenced, and to the Atibaia site, in which the former president was convicted.
Both were led by Moro. The defense points out that the suspicion of the ex-judge already recognized had a decisive impact on both actions, as they were processed at the same time. In addition, the actions have an objective and subjective identity of a legal situation.
“These three criminal actions were partially conducted by former federal judge Sergio Moro in the pre-procedural phase – an opportunity in which the spectacular coercive conduct of this patient was determined, and when even the technical defense was monitored – and this partiality was kept in the procedural acts performed in a contemporary way ”, they point out.
Lula is still the target of a fourth action, which was pending in Curitiba, but pursuant to Minister Fachin’s decision, it has already been sent to Brasília and distributed to the 10th Federal Court of the Federal District, regarding donations made to the Lula Institute.
Attorneys defend the lawyers Cristiano Zanin, Valeska Martins, Eliakin Tatsuo e Maria de Lourdes Lopes.
Click here to read the petition
Process 5046512-94.2016.4.04.7000 (Guarujá triplex)
Process 5021365-32.2017.4.04.7000 (Atibaia site)
Process 5063130-17.2018.4.04.7000 (Instituto Lula headquarters)
Process 5044305- 83.2020.4.04.7000 (donations to the Lula Institute)
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