Due to the prohibition of the use of illegal evidence by derivation (Article 5, LVI, of the Federal Constitution), the evidentiary material derived from an act annulled by a court decision is not valid. With this understanding, judge Frederico Botelho de Barros Viana, of the 10th Federal Criminal Court of the Federal District, accepted the defense request of former president Luiz Inácio Lula da Silva and blocked a criminal action that dealt with a BNDES credit line obtained by Odebrecht to export goods and services to Angola.
According to the defense of the former president, the The criminal action was based on another, known as the “PT gang”, in which Lula had already been acquitted. The lawyers also cited the decision of the Supreme Court that recognized the suspicion of former judge Sergio Moro and declared the nullity of all acts performed by him in the proceedings against the former president, preventing the use of any element from Curitiba in the action in question.
According to the judge, the material from the “jet wash” in Paraná, in fact, cannot be used in the criminal action under discussion. “The defense is justified in claiming that the complaint is also based on another process in which the applicant was summarily acquitted at the request of the Federal Public Ministry (1026137-89.2018.4.01.3400/DF)”, he argued.
Thus, for the magistrate, it is not possible to sustain the just cause of a complaint based on the evidence of a criminal action in which no crime was committed, “at least not without other evidence capable of reinforcing the correction of the ventilated hypothesis”.
“It is the 18th decision we have obtained in favor of former President Lula to close criminal actions and investigations against him, given the inexistence of any proof of guilt and the presentation of proof of his innocence — including, also, the declaration of the nullity of the four lawsuits originated in Curitiba contaminated by the suspicion of former judge Sergio Moro and the incompetence of the 13th Federal Court of Curitiba”, commented, in a note, the defense of Lula, sponsored by the lawyers Cristiano Zanin Martins and Valeska T. Zanin Martins.
Last month, the Federal District Court had already granted a victory to the defense of the former president by rejecting the request to reopen a criminal action against Lula in the “case of the Atibaia site”.
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