terça-feira, 5 de abril de 2016

Lula's defense in the Supreme Court says Moro wants to intervene in politics

Sérgio Moro, responsável pelas investigações da Lava Jato
Sergio Moro: for Lula's defense, judge the acts challenged the Constitution, the law and the jurisdiction of the Supreme Court.

Brasilia - Lawyers of former President Luiz Inacio Lula da Silva headed new manifestation to the Supreme Court (STF) late on Monday, 4, to defend the PT's ownership of regularity at the head of the Civil House.

The specimen was sent to the Minister Gilmar Mendes, the main rapporteur of the lawsuits challenging the appointment of Lula to the ministry.

In the text, lawyers criticize the role of the judge Sergio Moro, leading the Lava Jato in the Federal Court of Curitiba, and suggest that the magistrate tries to intervene in the political organization of the country.

"These acts - in defiance of the Constitution, the law and the very jurisdiction of Exalted Supreme Court - were committed to try to put the petitioner (Lula) and even their lawyers in a state of subjection and inability to respond to such arbitrariness, and also , the unconstitutional attempt at intervention of the Federal Sergio Moro judge in the country's political organization, "wrote the defense of the former president to name Moro decisions as the disclosure of wiretaps and also the judge's participation in events" captained by politicians and companies with a vested interest in the investigation. "

"There are times, in fact, this Excelsa Court knows that Federal Judge Sergio Moro has been committing excesses and illegalities," the lawyers.

So far, the PT of the way for the House is suspended by an injunction (interim) Gilmar Mendes. In the decision, the minister pointed out that the change of venue of the PT, generated by the visit to the ministry, is a form of "obstruction to the progress of legal proceedings" and that the call recorded between Lula and Dilma shows that the two were afraid of possible arrest the former president.

In the conversation, the President said Lula would send the proper term, before the ceremony, to be used in "if necessary". The decision to Gilmar Mendes and former President Lula's situation need to be discussed in the plenary of the Supreme Court, which should only take place from next week.

The defense of the PT claims that the conversation between Lula and former President Dilma Rousseff captured during telephone intercepts of Lava Jato is void because it was taken after the clip suspension order. Therefore, they argue, the talk can not serve as grounds to suspend Lula's inauguration.

"It is clear therefore that undue exposure of the petitioner's image, generated mainly by the abusive and illegal actions of the federal judge Sergio Moro - inconsistently with the legal petitioner's situation - can not be used to stain the act of recorded appointment the Hon. Ms. President of the Republic, or even be used to substantiate the claim that the petitioner would be looking for a special venue, "write the lawyers.

Last week, Moro sent an official letter to the Supreme Court in which he asked "excuse" by the controversy caused from the release of audios. The judge denied that lifting the secrecy had aimed "to generate partisan political event, controversies or conflicts, something foreign to the judicial function."

Moro also argued that the telephone interception was supported by law and had "exclusive focus" in Lula pipes and others who do not have privileged forum.

Contribution

Lula's lawyers also contend that the Minister of State appointment is a decision that it is "exclusively" to the president and also contend that it fulfills the requirements to take the role.

"What is at issue, therefore, is a political office by nature, whose fulfillment depends only on the will of the President of the Republic." Defense back to argue that there was no misuse of purpose in PT naming act.


In the text, the lawyers cite made the former president to claim that it can "contribute to the country" and is fully capable to hold office. "Clearly, for such facts, the possibility and the petitioner's ability to again contribute to the country and the President of the Republic, Minister of State condition to restore the economic and social development," write the lawyers.

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