TRF-4 upholds the arrest of Tacla Duran, who cancels his trip to Brazil.

In a ruling that may have apparently disregarded a previous order from the now former Minister of the Supreme Federal Court (STF), Ricardo Lewandowski, federal judge Marcelo Malucelli, of the 8th Panel of the Regional Federal Court of the 4th Region (TRF-4), revoked, on Tuesday (March 11), the decision of federal judge Eduardo Appio of the 13th Court of Curitiba, which suspended the preventive arrest warrant against lawyer Rodrigo Tacla Duran, decreed in 2016 by former judge Sérgio Moro, now a senator for União Brasil/PR.

This revocation occurred on the eve of Tacla Duran's departure to Brazil to be heard in a case at the 13th Federal Court. Upon hearing Judge Malucelli's announcement that Appio's decision had been revoked, Tacla Duran did not board for fear of arrest.

In addition to testifying in court, he was also scheduled to testify before the Federal Police in the investigation launched into alleged extortion he allegedly suffered from the Operation Car Wash Task Force in Curitiba. His travel is suspended pending a further ruling on the case.

It will be up to the lawyer, who currently resides in Spain, to seek a ruling from the Supreme Federal Court (STF) to assert his right not only to disembark freely in São Paulo but also to the police protection granted to him by Appio as a protected witness. A judicial safeguard will be essential for him.

Who disrespected Lewandowski?

As previously reported – Brazil's Supreme Court suspends five criminal cases that used evidence from Odebrecht's leniency agreement. – The suspension of the proceedings occurred on March 14th. This led Judge Appio, two days later (March 16th), to consider that the 'likelihood of the grounds' used in ordering Tacla Duran's arrest was affected by Lewandowski's decision. Therefore, he suspended the preventive detention ordered by then-Judge Moro, as we reported in... Tacla Duran, the latest setback for Sérgio Moro.In the ruling, the new head of the 13th Federal Court of Curitiba stated:Citizen Tacla Duran, like any other person, deserves and has the constitutional right to receive from the Brazilian State a serene, apolitical, and republican jurisdiction, in which the two fundamental pillars are certainty regarding the content of the accusation (so that he can defend himself), as well as the complete impartiality of State agents (judges, prosecutors, police officers, and other protagonists).".

The revocation of Appio's decision, reinstating the preventive detention, occurred in the proceedings of the Partial Correction (Panel) No. 5011889-08.2023.4.04.0000/PR filed by the Federal Public Prosecutor's Office. In it, Malucelli argued that it was Appio who disrespected the now former minister of the STF and that the arrest ordered by Moro, which occurred before Lewandowski's statement, remains valid. His vote states:

"Considering the decision issued by the Supreme Federal Court on March 13, 2023, in the proceedings of Claim 43.007, which determined 'the suspension of Criminal Actions 5018184-86.2018.4.04.7000 and 5019961-43.2017.4.04.7000, pending before the 13th Federal Criminal Court of Curitiba/PR, in relation to Rodrigo Tacla Duran', it is clearly improper to carry out any acts in the aforementioned lawsuits and related incidents."

In light of the foregoing, I grant the request for a stay of execution in order to revoke the decision issued in event 92. (NR, the revocation of the arrest), reinstating the association with event 80 (NR the arrest warrant issued)Since it was issued before the suspension ordered by the Supreme Federal Court and has not been revoked by the Supreme Court, it remains valid..” (emphasis in the original).

The former minister said nothing about the revocation of the arrest warrant.

What Malucelli seems to have failed to consider is that Lewandowski himself returned to the case on April 4th, therefore after Appio's decision, without, however, revoking it. On the contrary, he even prevented the continuation of the "Partial Correction" filed by the Federal Public Prosecutor's Office against the revocation of the decision of the current head of the 13th Federal Court of Curitiba. His decision, prompted by a new complaint from Tacla Duran, states:

"Respecting the arguments presented by the applicant, I reiterate that there is already a clear and specific order to suspend Criminal Proceedings 5018184-86.2018.4.04.7000 and 5019961-43.2017.4.04.7000, pending before the 13th Federal Criminal Court of Curitiba/PR, the appeal in the strict sense, the partial correction and, as a logical and immediate consequence, all other procedural incidents related to themincluding those initiated by third parties, which should remain without any interlocutory decision being issued by the court or courts of first instance." (emphasis in the original)After that, Lewandowski also decided that the accusations made by Tacla Duran to Judge Appio, in a hearing on March 27th, involving current Senator Moro, should proceed in the Supreme Federal Court. In other words, when ruling on the case – Lewandowski keeps Tacla Duran case at the Supreme Court and asks the Attorney General's Office for comment on a possible investigation. He was aware of the suspension of his pre-trial detention but did not comment on it.

Apparently, therefore, it was not Appio, but Marucelli who disregarded the decision of the former Supreme Court Justice, demonstrating that the TRF-4 (Regional Federal Court of the 4th Region) also fears the testimony that Tacla Duran was supposed to give to the Federal Police. The unfolding of this legal chess game is now awaited, likely with a new pronouncement from the Supreme Court.