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By Gabriela Coelho in Conjur – E-mailing former minister Jose Dirceu using electronic bracelets after his release was a way of not respecting the decision of the 2nd Panel of the Federal Supreme Court make him free. 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).
When he ordered the release of José Dirceu, Supremo said nothing about precautionary measures.
"The Supreme Court, on pain of submitting to the high office conferred on it by the Constitution, can not disobey its judgments." The court of appeal, on the orders of Moro, disobeys the decision of the second clbad. The 13ª Federal Court of Curitiba / PR, in a decision with extravasation of its competences, has restored precautionary measures different from the prison, previously determined to the detriment of the patient, to the detriment of any authorization of this Court ", says the l. preliminary injunction was decided by Judge Sergio Moro, head of the 13th Federal Court of Curitiba and responsible for the "lava throw" in Paraná, arguing that, as the Supreme Court ordered the release of Dirceu, the Former minister was again subjected to precautionary measures, as had been decided in March 2017, when the 2nd Court dismissed the preventive measure of Dirceu
., The decision, in addition to & # [[tobeillegalandtofacetheunderstandingoftheSTFhasusurpedthejurisdictionoftheFederalCriminalCourtoftheFederalDistrictsinceDirceuisimprisonedinPapudaBrasilia
But the minister explains that the 2nd clbad "in no time", he was dealing 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 was right. "He ensured respect for the decision of the STF and prevented its effects from being minimized by a first-degree judge," he said.
"Fortunately, Minister Dias Toffoli rejected the trial judge's authoritarian decision., Without jurisdiction and ex officio, imposed on former minister Jose Dirceu restrictions that the STF does not have. has not imposed, "added the lawyer Leonadro Yarochewsky. "The decision of Minister Toffoli has put in place one who believes himself above the law and the Supreme Court itself."
Rcl 30.245
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