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Monday (10/02/2018), the national court judge, Humberto Martins, decided to close the request for measures against the former Federal Judge Sérgio Moro and the judges of TRF-4 (Federal Federal Court).
The case referred to the episode in which Favreto, who was a TRF-4 administrator, granted freedom to former president Lula in 8 of July.
The trial was proposed by the defense of the former president. In his decision, Minister Humberto Martins badyzed the behavior of each of the magistrates involved in the episode.
According to the national magistrate, the decision to clbadify the case as well as all other cases filed to establish the same facts,
With respect to the federal judge Rogério Favreto, Humberto Martins stated that he had acted within the limits of his freedom of belief, motivated and supported by the principles of independence and immunity.
"It is not for the national courts to seize the substance of the preliminary ruling of Federal Judge Rogério Favreto and allow him to make a judgment of value, even by force of law. Functional independence advocated by Loman, in his Article 41 stated .9659002] With regard to Moro, the magistrate felt that it had been proved that, when he had heard the preliminary ruling concerning the The case he had heard at first instance, the magistrate had prepared "dispatch-consultation" for the second case Rapporteur
According to Martins, the federal judge of Lava Jato of The time was then "the coordinating authority" and within the limits of its freedom.
"There is no evidence that the investigation of Sérgio Moro, who was the subject of an investigation, was motivated by the wrong fo i and / or the willingness to face the decision of Federal Judge Rogerio Favreto, demonstrating that his work was seeking the best possible conduct, in accordance with his legal understanding and perception of social responsibility, while
Regarding João Pedro Gebran Neto, Minister Humberto Martins said that the judge had acted on the basis of "reasonable legal basis". For Humberto Martins, Gebran did not depart from the scope of the jurisdictional action, which is not subject to the selection of the CNJ and, consequently, is not also not subject to the disciplinary badessment of the national audience hall
. It is proven that the federal investigating judge, João Pedro Gebran Neto, was provoked by a "dispatch in the form of consultation" in the case of the original case of the federal judge of the time, Sergio Moro, on the communication of the decision determining the release of former President Luiz Inacio. Lula da Silva, as well as MPF, acted as a result of provocation and within the limits of his free and reasoned conviction, underpinned by the principles of functional independence and immunity, and nothing in its action regarding its operation "stated
Regarding the performance of the chairman of TRF-4, the corregedor said that Thompson Flores had acted in the case motivated by necessity.
According to Martins, Thompson's decision against Lula's release is based on reasonable legal grounds.
Other proceedings against Moro
According to the National Court of Justice, the other proceedings against the former Federal Judge Sérgio Moro on the request for exemption from his appointment as future Minister of Justice and Security, formulated by the PT, will be badyzed later [19659016] Continue reading [19659015] window.fbAsyncInit = function () {
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