the minister Ricardo Lewandowski, of the Federal Supreme Court (STF), responded to a request from the defense of the former president Luiz Inacio Lula da Silva and decided that no new act of investigation can be practiced in the case of the property for the Lula Institute and donations for the Lula Institute, which were transferred to the Federal Court of the Federal District after recognition of the incompetence of the 13th Federal Court of Curitiba for judge the cases referring to the PT.
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This Tuesday’s decision is an injunction — that is, provisional — and, in addition to barring new steps, it prevents the use of investigations that had already been carried out in cases involving the former president. The cases involve Odebrecht’s donations to the Lula Institute, in addition to the purchase of land from the institute and an apartment in São Bernardo do Campo.
Lewandowski noted that although the denunciation of the Lula Institute headquarters has not yet been ratified, “it is clear that when the Supreme Court declared the incompetence of former judge Sérgio Moro in the trial of Luiz Inácio Lula da Silva, it recognized also, implicitly, the incompetence of the members of the Lava Jato task force responsible for the investigations and, in the end, for the presentation of the complaint”.
“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 from such cooperation pact,” stated the STF minister.
In the request sent to the STF on Monday, the defense of the former president stated that, although the STF has decided that all procedural acts taken by the 13th Court were null and nothing could be reused, the Federal Public Ministry (MPF) in Brasília had been presenting some demonstrations asking for the reuse of material.
In June, former justice minister of President Jair Bolsonaro’s government and former judge Sergio Moro was considered partial by the Supreme Court (STF) in the cases involving Lula. With the conclusion of the Supreme Court on Moro’s bias, the case of the triplex in Guarujá also had the evidence and statements collected with the authorization of the former judge annulled.
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