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Brasilia, 01 – The return of the President of the Federal Supreme Court (STF), Minister Crmen Lcia, the second Court of the Court, should increase the chances of Lava Jato's rapporteur, Minister Edson Fachin, to come out victorious [19659002] The report of the State of São Paulo in the judgments of the courts in the proceedings of Lava Jato and its consequences or having a direct impact on the direction of the operation indicates that Crmen and Fachin have agreed in 14 Of the 16 issues discussed – or 87.5% of the time
Minister Dias Toffoli, who will take the presidency of the Court instead of Crmen, accepted 7 of the 16 questions with Fachin (43.7%). Among them, it is the breakdown of the House MDB investigations and the maintenance of Fachin in the report of the J & F Group delimitation. However, the two men were not d & # 39; agreement on the restriction of the forum for parliamentarians and the granting of habeas corpus to former minister Antonio Palocci (Toffoli was favorable)
Mapping examined the most relevant judgments in plenary session. Fachin took over the Lava Jato report in the STF last February after the death of Minister Teori Zavascki in a plane crash. Among the cases, it is the badysis of the habeas corpus of former President Luiz Incio Lula da Silva (PT) and Palocci; the discussion of the constitutionality of the coercive conduct of interrogators investigated (one of the pillars of Lava Jato); the maintenance of Fachin in the report of the Delao da J & F; and the decision to reduce the scope of the privileged forum to deputies and senators.
In less than three months, Crmen Lcia leaves the presidency of the Court and joins the second chamber, which has already imposed on Fachin at least 17 losses in 34 votes.
Currently, the second clbad composed of Fachin and Ministers Celso de Mello, Gilmar Mendes, Ricardo Lewandowski and Dias Toffoli – the last three have aligned themselves in criticisms of Lava Jato's investigation methods, alleging that There is often a lack of evidence from the awards and, therefore, voting for the acquittal of RUS and the rejection of the complaints submitted by the Attorney General's Office (PGR)
D & # 39; in addition to Crmen Lcia, Toffoli leaves the House to preside over the Court for the next two years. In the second clbad, the Gilmar-Toffoli-Lewandowski trio forms the majority chain that has already ordered the release of former minister Jos Dirceu, acquitted Senator Gleisi Hoffmann (PT-PR) of the crime of box 2 and removed Federal Judge Srgio Moro
The collegiate composition has already led Fachin to change his strategy and to choose to submit the questions directly to the plenary, where he was able to reverse the unfavorable scores of the second clbad. Last week, Fachin decided to send another appeal from Lula's defense, sentenced and imprisoned in Lava Jato, demanding the PT's freedom.
Convergncia
In plenary, Crmen was on Fachin's side in voting against the granting of habeas corpus to Lula and Palocci; defending the lawfulness of the coercive behavior of persons subject to investigation for questioning; and positioning itself to restrict the privileged forum for crimes committed during the exercise of the mandate and according to the position, in the case of MPs and Senators.
According to the investigation, Crmen diverged from Fachin in two trials: paving the way for the Senate to make Acio Neves' warrant (PSDB-MG) and defending the legitimacy of police delegates.
In the other cases considered in the investigation, the minister was held alongside the rapporteur of Lava Jato, including defending the referral to Moro of the investigations of a criminal organization against him. Former Minister Geddel Vieira Lima (MDB-BA), Deputy Eduardo Cunha (MDB-RJ) and former Special Adviser to the Presidency Rodrigo Rocha Loures (MDB-PR). The plenary, however, eventually decided – with the vote of Toffoli – to refer the case to the Federal Court of Braslia
For the ministers, lawyers and badistants of the STF heard by the report, the Toffoli's exchange by Crmen will reduce Fachin's isolation and increase the chances that rapporteur Lava Jato will be victorious in the trials, which in practice can mean a hardening of the Second Clbad and a greater possibility of condemnation of politicians .
Concerned by the return of Crmen Lcia, criminal lawyers made a pilgrimage to the offices of the Supreme to speed up the judgment of their clients' second-clbad business. The information comes from the newspaper
O Estado de S. Paulo
(Rafael Moraes Moura and Breno Pires)
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