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Attorney General Raquel Dodge appealed the decision of the second Supreme Court of the Federal Supreme Court (STF), granting full freedom to former minister José Dirceu after confirmation of his conviction in the USSR. case Lava Jato
For Dodge, the STF decision contains a series of procedural flaws and breeds "disbelief in respect of legality, as well as the feeling that, at any time, society may be surprised by Decisions taken
Raquel Dodge, Attorney General of the Republic, has stated that the MPF had not received the order to make a statement (Archivo / Agência Brasil)
On June 26, the Second Panel decided, by 3 votes to 1, to suspend the proceedings. execution of the 30-year sentence by the Federal Regional Court of the 4th Region (TRF4) against Dirceu in the Lava Jato case. The prevailing view was that the resources of the former minister in higher instances had a "legal likelihood", which is why he should have obtained the right to seek freedom.
Dodge further argues that such appeals to higher courts are present in the records sent to the STF. "This means that the 2nd clbad of the STF ordered the suspension of the effects of a judgment that sentenced José Dirceu to more than 30 years in prison on the grounds that his special appeal was plausible, although it was not necessary. There is no access, at least not by the documents to this appeal – which, at least, causes perplexity and reinforces the irregularity of the proceedings that led to the decision of the seizure, with a breach of the due process. "
The Attorney General also stated that the Federal Public Prosecutor's Office (MPF) was not even called to appear before the case was heard in second clbad. "In practice, the MPF was surprised by the decision, without having had the opportunity to defend its position, in violation of due process," said Raquel Dodge, who requested an injunction to return Mr. Dirceu back.
judgment, the Minister Edson Fachin, rapporteur of Lava Jato, requested a hearing on the case in which Mr Dirceu pleaded for the right of appeal, after the rapporteur of the Order, Dias Toffoli, and Minister Gilmar Mendes voted for
Nevertheless, Toffoli proposed that the second panel grant habeas corpus to Dirceu, which was accepted by Ministers Gilmar Mendes and Ricardo Lewandowski. Only Fachin voted against, sealing the score at 3 to 1. Minister Celso de Mello did not participate in the session
The decision that released Dirceu is valid until at least Fachin returns the hearing of the ex-minister's request for freedom that the appeal of the PGR be badyzed by Toffoli or by the second clbad
Edition: Fernando Fraga
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