the minister Ricardo Lewandowski, of the Supreme Court, suspended two criminal actions against the former president on Tuesday squid in the scope of Lava Jato. In April, the Court annulled all of the PT’s convictions in the operation and declared the incompetence of the Federal Court in Curitiba in the proceedings against him.
The suspended actions referred to Odebrecht’s donations to the Lula Institute and were being processed at the 10th Federal Criminal Court in Brasília. In June, Lewandowski ordered the annulment of the elements obtained against Lula through the leniency agreement signed by the Federal Public Ministry with the construction company. With Lewandowski’s decision, therefore, the Federal Court of DF could not use the information from the agreement in the case.
In the complaint presented to the STF, Lula’s defense writes that “for about 4 years the Complainant has been insisting on the request for access to the full material that served as the basis for the accusation, despite the clarity of the Supreme Court’s decisions. ensuring this right, both the judicial authority of Curitiba and the local Federal Public Ministry persisted in not complying with them”.
It also mentions that “the Federal Public Ministry of first instance, maliciously, has been taking advantage of such circumstance to impose damage to the Complainant, illegally depriving him of his assets”. According to Lula’s lawyers, the MPF “knowingly breaches the order of habeas corpus granted in these records, insofar as it not only distorts the prompt disembowelment of the elements declared useless, but also aims to use such circumstance to oblige the Defense to ‘fix’ the accusation under penalty of its assets remaining constrained without any foundation.”
In this Tuesday’s dispatch, Lewandowski reproduces his decision issued in June in which he declared “the uselessness, as for the claimant, of the evidence obtained from the Leniency Agreement 5020175-34.2017.4.04.7000, entered into by Odebrecht, as well as by all the others that flow from it”.
According to the minister, “it is obvious that when the Supreme Court declared the incompetence of former judge Sérgio Moro in the trial of Luiz Inácio Lula da Silva, it also implicitly recognized the incompetence of the responsible Lava Jato task force members. for the investigations and, at the end, for the filing of the complaint”.
Thus, “this factual framework lends plausibility to the right invoked by the claimant, considering the imminent risk of instituting a new criminal prosecution, or even of imposition of various precautionary measures, using as a basis the facts discussed here with broad verticality, namely, the broad and unrestricted use of the Odebrecht Leniency Agreement and the evidence arising from such cooperation pact”.
Lewandowski, therefore, determined the suspension of the actions until further deliberation on the plea formulated by Lula.
“I then verify that not only the plausibility of the right invoked by the claimant is present, but also the danger of imminent irreparable procedural damage or difficult to repair, hypotheses that authorize the urgent relief required (…)”, completed the minister.
Read the decision in full:
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