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Carmen Lúcia will leave the presidency of the STF and occupy a place in the second clbad, instead of the days of Toffoli, who can balance the judgments
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July 1 2018, 09h43
President of the Federal Supreme Court (STF), Carmen Lúcia
02/01/2018
REUTERS / Ueslei Marcelino (Ueslei Marcelino / Reuters)
Brasília – The return of the President of the Supreme Court (STF), Minister Carmen Lúcia, to the second chamber of the Court, from September, the chances of Lava Jato's rapporteur, Minister Edson Fachin, to be victorious in this collegiate in cases deemed crucial for the operation.
Survey conducted by the newspaper O Estado de São Paulo in plenary proceedings of the Lava Jato process court and its with a direct impact on the direction of the operation, stresses that Cármen and Fachin have agreed to 14 of the 16 issues discussed – or 87.5% of the time.
A current member of the second clbad, Minister Dias Toffoli, who will be Court instead of Carmen, accepted 7 out of 16 numbers with Fachin (43.7%). Among them, the dismemberment of the "quadrille" investigations of the House BMD and the maintenance of Fachin in the reporting of the demarcation of the J & F Group. However, the two men were not in agreement on the restriction of the forum for parliamentarians and the granting of habeas corpus "official" to the former minister Antonio Palocci (Toffoli was favorable)
Mapping examined judgments the more relevant in plenary Since Fachin took over the report Lava Jato in the STF in February last year after the death of Minister Teori Zavascki in a plane crash. Cases include the badysis of the habeas corpus of former President Luiz Inacio Lula da Silva (PT) and Palocci; the discussion of the constitutionality of the coercive conduct of interrogations studied (one of the pillars of Lava Jato); maintaining Fachin in the J & F demarcation report; and the decision to reduce the scope of the privileged forum for MPs and Senators.
In less than three months, Carmen Lúcia leaves the presidency of the Court and joins the second chamber, which has already imposed on Fachin at least 17 losses in 34 polls.
Currently, the second panel is composed of Fachin and Ministers Celso de Mello, Gilmar Mendes, Ricardo Lewandowski and Dias Toffoli – the last three have been aligned in criticism of Lava Jato's investigation methods, alleging that there is often a lack of evidence gathered during the attribution of the allegations and consequently vote for the acquittal of the accused and the dismissal of the denunciations presented by the Office of the Attorney General (PGR) [19659008] unlike Carmen Lúcia, Toffoli will leave the House to preside over the Court in the next two years. In the second clbad, the trio Gilmar-Toffoli-Lewandowski forms the majority chain that has already released former minister José Dirceu, acquitted Senator Gleisi Hoffmann (PT-PR) of the crime of box 2 and removed from federal judge Sérgio Moro extracted from
The composition of the collegiate has already changed the strategy of Fachin and choose to take the business directly to the plenary, where he was able to return to adverse results in second clbad. Last week, Fachin decided to send a new defense appeal from Lula, sentenced and imprisoned in Lava Jato, demanding the PT's freedom.
Convergence
In plenary, Carmen was with Fachin in voting against the granting of habeas corpus to Lula and Palocci; defending the lawfulness of the coercive conduct of persons subject to investigation for the purpose of interrogation; 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, Carmen diverged from Fachin in two trials: pioneering the Senate to make Aecio Neves' warrant (PSDB-MG) and defending the legitimacy of the police
In the Other cases considered in the investigation, the Minister is held alongside the rapporteur of Lava Jato, including defending the referral to Moro of criminal organization investigations against the former Minister Geddel Vieira Lima (MDB-BA), deputy Eduardo Cunha (MDB-RJ) and former special adviser to the presidency Rodrigo Rocha Loures (MDB-PR). For the ministers, lawyers and auxiliaries of the STF heard by the report, the exchange of Toffoli by Carmen will reduce isolation.
by Fachin and increase the chances that the 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 the politicians.
Concerned about the return of Carmen Lúcia made a pilgrimage to the offices of the Supreme Court to speed up the judgment of their clients' cases in the second clbad.
The information is from the O Estado de S. Paulo newspaper.
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