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Ministers Cármen Lúcia, Dias Toffoli and Edson Fachin (Cristiano Mariz / VEJA / Carlos Moura / SCO / STF / STF / Divulgação)
The Return of the President of the Supreme Court (19459015) STF ), Minister Carmen Lúcia to the Second Court of the Court, from September, should increase the chances of the Lava Jato Edson Fachin reporter, fate victorious in the collegiate on matters deemed crucial to the operation . The majority of the Panel has already contradicted Fachin's interpretation by 17 votes out of 34.
A survey conducted at the Lava Jato Court trials and developments, or having a direct impact on the investigation directions, indicates that Carmen and Fachin in 14 of the 16 issues discussed – or 87.5% of the time. The mapping examined the most relevant judgments in plenary since the minister to Lava Jato rapporteur in the STF in February last year after the death of Minister Teori Zavascki in a plane crash.
The president of the STF was standing next to Edson Fachin on the vote against the granting of habeas corpus to the former president Lula and l? former minister Antônio Palocci ; defending the lawfulness of the coercive conduct of persons subject to investigation for the purpose of interrogation;
According to the investigation, Carmen diverged from Fachin in two judgments: in paving the way for the Senate rendered the mandate of Aecio Neves (PSDB-MG) and to defend the legitimacy police delegates to enter into price collaboration agreements.
In the other cases considered in the investigation, the Minister had the same understanding of Edson Fachin, including defending the referral to Moro of criminal investigations against former Minister Geddel Vieira Lima (MDB-BA), deputy Eduardo Cunha (MDB-RJ) and former special adviser to the presidency Rodrigo Rocha Loures (MDB-PR).
Unlike Carmen Lúcia's, Minister Dias Toffoli will leave second clbad to preside over the next two years. As a rule, the one who runs the STF does not belong to any of the clbades. In plenary, Toffoli endorsed Edson Fachin's vote in 7 of 16 questions (43.7%).
Currently, the second panel has, besides Fachin and Dias Toffoli, ministers Celso de Mello Gilmar Mendes and Ricardo Lewandowski . Detractors of the investigative methods of Lava Jato, Gilmar, Lewandowski and Toffoli often claim that there is a dearth of evidence gathered when badigning charges, voting for acquittal defendants and the rejection of the denunciations made by the public prosecutor (). )
The trio forms the majority chain in the collegiate that has already freed the former minister José Dirceu acquitted the senator Gleisi Hoffmann ) corruption crimes and two electoral box and removed from the federal judge Sergio Moro extracts from sentences Odebrecht involving Lula.
The composition of the Collegiate led Edson Fachin to change strategy and choose to submit the questions directly to the plenary, where he was able to cancel the adverse results in the second clbad. Last week, Fachin decided to refer a decision to the eleven ministers of the court, in which the defense of Lula, sentenced and imprisoned in Lava Jato, asks the former president to be free. to be returned to the plenary in August
For the STF ministers, lawyers and badistants heard by the report, Carmen's exchange of Toffoli will reduce Fachin's isolation and increase the chances that the rapporteur Lava Jato is victorious in the lawsuits, which Concerned by the return of Carmen Lúcia, the criminal lawyers made a pilgrimage to the offices of the Supremo to accelerate the judgment of the cases of their customers in the second clbad.
