Moro disobeyed STF by ordering Dirceu to wear ankle support, says Toffoli

Send ex-minister Jose Dirceu to use electronic ankle bracelets after his release was a way of not respecting the decision of the 2nd panel of the Federal Supreme Court to have him released. That's why Minister Dias Toffoli ordered the immediate release of Dirceu, according to Tuesday's decision (26/6) of the clbad. The injunction is this Monday (2/7)

"The STF, under pain of engaging in the high functions conferred upon it by the Constitution, can not be held responsible for any fault", said Mr. Toffoli. have their judgments disobeyed. The court of the 13th Federal Court of Curitiba / PR, in a decision with extravasation of its powers, reinstated different precautionary measures of the prison, previously determined to the detriment of the patient, in the absence of any authorization from this Court ", he says to the injunction

The application of the ankle was decided by Judge Sergio Moro, head of the 13th Federal Court of Curitiba and responsible for the "lava throw" in Paraná. He made argue that, as the STF had ordered the release of Dirceu, the former minister was again subject to precautionary measures, as had been decided in March 2017, when the 2nd Panel rejected the prevention of Dirceu., the decision, in addition to being illegal and confronted with the understanding of the STF, has usurped the jurisdiction of the Federal Criminal Court of the Federal District, since Dirceu is imprisoned in Papuda, Brasilia.

But the minister explains Second clbad "in no time", it dealt with precautionary measures. He only granted liberty, in a decision taken from the office, since Dirceu was not placed in pre-trial detention, but was punished in advance for his conviction to be upheld by the Regional Court. of the fourth region.

According to Pierpaolo Bottini Minister Toffoli's decision was correct. "He ensured respect for the decision of the STF and prevented its effects from being downplayed by a first-degree judge," he said: "Fortunately, Minister Dias Toffoli rejected the judge's authoritarian decision Trial, which, without jurisdiction and ex officio, imposed on the former Minister Jose Dirceu restrictions that the STF did not impose, "added the lawyer Leonadro Yarochewsky "The decision of Minister Toffoli put in its place what appears to be above the law and the Supreme Court itself."

Rcl 30.245
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