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Raquel Dodge's protest was sent to Federal Supreme Court Minister Luiz Edson Fachin, the Lula defense's defense counsel. The trial of the case by the STF is scheduled for Tuesday, December 4.
The lawyers of the former president submitted the application after Sérgio Moro, still in his capacity as judge, accepted the invitation of President-elect Jair Bolsonaro to badume the Ministry of Justice.
Lula's defense alleges that Moro acted with partiality. Indeed, although the former president was arrested after being sentenced in the second instance, the first sentence was pronounced by Moro, hitherto responsible for the Lava Jato cases in Paraná ( includes the conviction of Lula ).
Moreover, since he had been sentenced in the second instance, Lula's candidacy for the presidency was rejected by the Supreme Electoral Tribunal (TSE) this year, and the PT had launched the candidacy of Fernando Haddad, defeated by Bolsonaro .
" The story presented by the applicants [advogados de Lula] ", in the opinion rendered At the Supreme Court, Raquel Dodge said he understood that Lula's defense arguments are unfounded. "
The Attorney General added that Lula was not a political persecution but a citizen who had been reprimanded for the crimes committed, both the conviction and the provisional arrest and the ineligibility of Luiz Inacio Lula da Silva ( …) are presented as a solid objective element to demonstrate that he is not a political persecutor, but rather a citizen who, rightly reprimanded by the state, because of the crimes practiced, "says Rachel Dodge.
The head of the Attorney General's office also felt that by placing Moro's work under suspicion, the defense was attempting to affect the entire judiciary, the decisions of the former having been reviewed by TRF-4.
Finally, Raquel Dodge stated that since Moro's position at Bolsonaro's department did not affect his impartiality.
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