The judge who will rule on Temer's habeas corpus petition is critical of Bretas.
The decision on a request for the release of former president Michel Temer and former minister Moreira Franco will be analyzed by three judges of the 1st Specialized Panel of the Federal Regional Court of the 2nd Region (TRF-2) next Wednesday (27); among the judges, there are critics of Marcelo Bretas, guarantors and hardliners.
247 - Judge Ivan Athié determined this Friday (22) that the decision on a request for the release of former president Michel Temer will be taken by the 1st Specialized Panel of the Federal Regional Court of the 2nd Region (TRF-2), that is, by the collegiate body, next Wednesday (27).
Newspaper report The Globe This provides a profile of the members of the first panel that will judge the cases. According to the survey, the panel, composed of judges Paulo Espírito Santo and Abel Gomes, in addition to Ivan Athié - president of the court - includes judges who have criticized measures taken by Marcelo Bretas (the judge responsible for the Lava Jato cases in Rio de Janeiro), who are proponents of due process and hardliners.
"Judge Paulo Espírito Santo has already called a decision by federal judge Marcelo Bretas, of the 7th Federal Criminal Court in Rio, 'illegitimate' and 'illegal'," highlights the report, which cites his vote against Bretas' decision to release former first lady of Rio, Adriana Ancelmo, from prison.
"He is an excellent judge, correct, hardworking, but where is the new fact? It is illegitimate, it is illegal. The decision was not his. It was the court's," wrote the judge.
Abel Gomes is considered a hardliner in the court. In 2014, he voted to dismiss the criminal case against military personnel in the Riocentro bombing case, arguing that the crime had expired under the statute of limitations.
Athié, one of the rapporteurs for the requests for release of Temer, Moreira, and Lima, is considered a "guarantist," meaning he takes ethical and political issues into account, not just legal ones, when analyzing the cases.