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On Monday (2), Minister Dias Toffoli of the Federal Supreme Court rejected the judge's decision on the use of equipment.
In addition to the anklet, Toffoli has canceled other restrictions that precautionary measures have imposed on Dirceu, such as leaving the country, leaving the city of residence (Brasília) and communicating with him. other accused or witnesses.
The decision to release Dirceu occurred even after a request from Edson Fachin, who asked for more time to badyze the case. Toffoli then proposed the release in an (interim) injunction, at the request of the defense.
Moro argued that "as a natural consequence of the decision to suspend the provisional execution of the sentence", he understood that this would automatically lead to the previously established situation, which was freedom with preventive measures such as the 39, use of the ankle.
"Meanwhile, this Court apparently deceived itself because it received a decision to revoke the precautionary statements issued by the Complainant's Rapporteur 30.245 and specified that the suspension of the proceedings of the Court of Appeal was pending. Provisional execution did not mean a return to the previous situation.Full "to the convicts pending the special appeal," said Moro.
Moro Manifest (Photo: CGTN America)
The Federal Judge lamented that the fact that he reinstated the precautionary measures was interpreted as a "manifest non-conformity" to the decision of the STF, when he actually sought to accomplish it.
Minister Dias Toffoli claimed that the second panel released José Dirceu "for having recognized the legal plausibility" in the appeal filed by the defense before the superior courts, on the grounds that the arguments of the defense were convincing .
According to Toffoli, the arrangement was adopted to "ensure full freedom" until the conclusion of a decision on the suspension of the execution of the sentence, since the Minister Luiz Edson Fachin asked for more time to badyze the situation.
Sentenced to 30 years in prison
Sentenced to 30 years and 9 months in prison as part of Operation Lava Jato, Dirceu returned home to Brasilia on June 27 after a month of prison in the penitentiary complex of Papuda.
He was released after the second clbad vote of the STF.
In Justice, Dirceu reacts for active bribery, money laundering and criminal organization. With the (provisional) injunction, he gets the right to wait for the trial of the Superior Court of Justice (STJ) at liberty.
The lawsuit that resulted in the arrest of the former minister finds its origin in the investigation of Lava Jato on irregularities committed within the direction of Petrobras services. The Federal Public Prosecutor's Office (MPF) reported 129 acts of active bribery and 31 acts of pbadive bribery between 2004 and 2011.
According to the complaint, subcontractors contracted by Petrobras paid a monthly payment to Dirceu via Milton. Pascowitch, a lobbyist and storyteller of Lava Jet. For MPF, it is so that the former minister has enriched it.
According to the MPF, there were also illegalities related to the contractor Engevix. According to the investigations, the company paid bribes for projects with the Petrobras Services Board and has entered into fictitious contracts with JD Consultoria, a Dirceu company, for repayments of more than R $ 1 million for services not rendered.
Dirceu became a prisoner in Paraná between August 2015 and May 2017, when he obtained a habeas corpus at the Federal Supreme Court (STF) to await trial of free resources – but with electronic ankle monitoring.
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