Court will analyze request from the Attorney General’s Office, which wants to overturn Fachin’s decision, and from the defense of the ex-president, who seeks to keep proceedings out of extinction
The President of the Supreme Federal Court (STF), Minister Luiz Fux, ruled for April 14 the judgment of the resources of the Attorney General’s Office (PGR) and the defense of the ex-president Luiz Inácio Lula da Silva against the minister’s monocratic decision Edson Fachin which annulled all decisions made by the Operation Car Wash of Curitiba in the criminal actions against Lula, after recognizing the incompetence of that court to judge the processes. Ministers will assess whether they confirm the cancellation of Fachin’s condemnations on 8 March.
The PGR asks the STF Plenary to recognize the competence of the 13th Federal Court of Curitiba and preserve all procedural and decision-making acts. In other words, he wants to overturn Fachin’s decision and, with that, restore Lula’s ineligibility. The PT’s lawyers question one of the points of the minister’s determination that, in annulling the trials, also closed 14 cases in the STF that questioned aspects of the conduct of investigations in the Federal Court of Paraná. Thus, they request that the actions continue to be processed, until there is a definitive decision on the validity or not of the results.
Fachin annulled all the convictions of ex-President Lula by the Federal Justice in Paraná related to the investigations of the Operation Car Wash. With the decision, the ex-president recovered political rights and became eligible again. Fachin also determined that the records be sent to the Federal District Court. In his monocratic decision, Fachin, rapporteur for Lava Jato at the STF, understood that the 13th Federal Court is not competent to judge and prosecute the PT. In practice, the condemnations of the cases of the Guarujá triplex, the site in Atibaia, in the interior of São Paulo, and the Lula Institute are nullified.
In his decision, Fachin also declared the loss of the object of ten habeas corpus filed by Lula’s defense that questioned the conduct of Justice, among them the suspicion of former federal judge Sergio Moro. This Tuesday, the 23rd, the Second Panel voted for the partiality of the former judge in the case of Guarujá triplex. The final score was 3 to 2 against Moro: Gilmar Mendes, Ricardo Lewandowski e Cármen Lúcia voted against Moro, and Kassio Nunes Marques and Edson Fachin voted in favor. The trial had been suspended after a request for a view from the minister Nunes Marques, who assessed that he had an “extremely short” period to learn the details of the action.
The statement of suspicion annuls all decisions of the judge, also preventing the validation of acts and evidence. In the case of the Guarujá triplex, all Moro decisions will be invalidated, including evidence, depositions, receipt of denunciations and hearings, for example. When the trial started in December 2018, Minister Carmen Lúcia had followed the rapporteur of Operation Lava Jato no Supremo, Minister Edson Fachin. At the March 9 session, however, he stated that he would present a new vote, positioning himself in favor of the suspicion.