STF Minister granted habeas corpus to declare the incompetence of the 13th Federal Court of Curitiba to judge four cases involving the ex-president
Minister Edson Fachin granted habeas corpus to declare the incompetence of the 13th Federal Court of Curitiba to judge four cases involving Lula - that of the triplex, that of the Atibaia site, that of buying land for the Lula Institute and that of donations for the same institute.
In the decision, Fachin affirms that, as a corollary of incompetence, he declares the “nullity” of the decision-making acts, including the receipt of complaints against Lula.
The former president, therefore, has recovered political rights and can run for president in 2022.
He was barred running for president in 2018 because he was convicted in the first and second instance in the case of the Guarujá triplex. Lula was imprisoned for 580 days, until November 2019, due to the conviction.
Due to the decision of the Supreme Federal Court that barred the arrest of convicts at second instance, he obtained the right to await in freedom the exhaustion of all appeals in the lawsuit.
In his decision, Fachin affirms that the records of the four cases must be sent to the Federal District Court. And that it will be up to the “competent court to decide on the possibility of the validation of the instructive acts”, that is, of depositions and collection of evidence.
He also declares the loss of the object of ten habeas corpus filed by the defense that questioned the conduct of Justice - including Moro's suspicion.
With that, the judgment of Moro by the 2nd Panel, which was scheduled for next month, is void.
The conduct of Moro and the Lava-Jato prosecutors began to be strongly questioned after the Vaza-Jato scandal, in which messages exchanged between the magistrate and the investigators pointed to what would be a partial conduct, overriding basic rules of the process criminal.
The habeas corpus now contemplated by Fachin was presented by lawyers Cristiano Zanin and Valeska Martins on November 3, 2020.
Consulted, Lula's defense says he is taking note of the decision in the STF and then he will speak out.
The minister did not answer calls the column.
Because of the triplex's sentence, the former president was imprisoned for a year and seven months, between 2018 and 2019, and was unable to run in the last presidential election, barred by the Clean Record Law.
The ex-president was already trying to annul the convictions through a request for habeas corpus in which he questioned the impartiality of ex-judge Sergio Moro, who issued the sentence in the case of the apartment on the coast of São Paulo.
The second sentence, on the rural property in the interior of São Paulo, was issued by judge Gabriela Hardt.
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Read the excerpt of the decision published on the STF website:
“In view of the above, based on art. 192, caput, of the RISTF and in art. 654, § 2, of the Code of Criminal Procedure, I grant the order of habeas corpus to declare the incompetence of the 13th Federal Court of the Judicial Subsection of Curitiba for the process and judgment of Criminal Actions n. 5046512-94.2016.4.04.7000 / PR (Triplex of Guarujá), 5021365-32.2017.4.04.7000 / PR (Sítio de Atibaia), 5063130-17.2018.4.04.7000 / PR (headquarters of the Lula Institute) and 5044305-83.2020. 4.04.7000 / PR (donations to the Lula Institute), determining the remittance of the respective records to the Judicial Section of the Federal District. I declare, as a corollary and by virtue of the provisions of art. 567 of the Code of Criminal Procedure, the nullity of only the decision-making acts practiced in the respective criminal actions, including the receipt of denunciations, and the competent court must decide on the possibility of the validation of the instructive acts. Considering the extent of the nullities now recognized, based on art. 21, IX, of the RISTF, I declare the loss of the object of the claims filed in habeas corpus 164.493, 165.973, 190.943, 192.045, 193.433, 198.041, 178.596, 184.496, 174.988, 180.985, as well as in Claims 43.806, 45.948, 43.969 and 45.325. Join a copy of this decision in the records of the related processes, filing them. The Presidency of the Supreme Federal Court should be notified, before which ARE 1,311,925 is being processed. Publish yourself. Intimate yourself. Brasilia, March 8, 2021. ”