Lula turns the tables and tries to convict Moro for abuse of authority.
The defense team for former president Luiz Inácio Lula da Silva filed an appeal this Wednesday, the 15th, with the Supreme Federal Court, requesting that Minister Teori Zavascki notify the Attorney General's Office about conduct by Judge Sérgio Moro that may constitute abuse of authority. The appeal is based on Teori's ruling that invalidated Judge Sérgio Moro's decisions authorizing the interception of a conversation between Lula and President Dilma Rousseff. Lawyers Cristiano Zanin Martins, Roberto Teixeira, and José Roberto Batochio reiterate their request for access to the content of the investigations returned to the judge in Curitiba. "Access to the proceedings will also allow the identification of other acts of usurpation of the STF's jurisdiction committed by Judge Sérgio Moro," the lawyers state.
247 - The defense team of former president Luiz Inácio Lula da Silva filed an appeal this Wednesday, the 15th, with the Supreme Federal Court, requesting that Minister Teori Zavascki notify the Public Prosecutor's Office about conduct by Judge Sérgio Moro that may constitute abuse of authority.
In the Motion for Clarification, lawyers Cristiano Zanin Martins, Roberto Teixeira, and José Roberto Batochio want the magistrate to detail the decision issued this Monday, the 13th, through which Teori invalidated decisions by Judge Sérgio Moro that authorized the breach of confidentiality of telephone interceptions and sought to validate a recording without judicial authorization of a conversation between Lula and President Dilma Rousseff.
In the same decision, Teori also ordered an investigation into the illegal leaking of information and documents contained in proceedings that are under seal, as requested by Lula's lawyers.
Lula's defense team also insists that Teori grant access to the contents of the investigations sent back to the judge in Curitiba, as requested since March. Access to the case files is essential for exercising the right to defense, even for preparing the appropriate appeals before the Supreme Federal Court (STF).
"Access to the proceedings will also allow the identification of other acts of usurpation of the Supreme Court's jurisdiction committed by Judge Sérgio Moro. There are other intercepted phone calls involving authorities with prerogative of jurisdiction in the Supreme Court and even the inclusion of a report prepared from an investigation into the migratory status of such authorities," the lawyers state.
Read the full statement from Lula's defense team:
"Notice
Lula asks Teori to inform the Federal Public Prosecutor's Office about Moro's abuses.
Lawyers for former President Luiz Inácio Lula da Silva today (June 15, 2016) filed a motion for clarification with Minister Teori Zavascki, requesting that the Federal Public Prosecutor's Office be notified of Judge Sergio Moro's actions, which could, in theory, constitute the crime of abuse of authority and the crime stipulated in Article 10 of Law 9269/96. The request is based on Article 40 of the Code of Criminal Procedure, and the notification provided for therein is mandatory according to the jurisprudence of the Supreme Federal Court.
Lula's defense team also insists that Teori grant access to the contents of the investigations sent back to the judge in Curitiba, as requested since March. Access to the case files is essential for exercising the right to defense, even for preparing the appropriate appeals before the Supreme Federal Court (STF).
Access to the proceedings will also allow the identification of other acts of usurpation of the Supreme Court's jurisdiction committed by Judge Sérgio Moro. There are other intercepted phone calls involving authorities with prerogative of jurisdiction in the Supreme Court and even the inclusion of a report prepared from an investigation into the immigration status of such authorities.
The appeals also show that the Attorney General of the Republic asked the Supreme Federal Court to include the former President in investigations before that Court regarding the same facts or facts related to those that are the subject of the proceedings originating in Curitiba. As pointed out by the defense, there is a need for "systematization" of the procedures so that there is no violation of the principle of "ne bis in idem," which prevents the existence of multiple investigative proceedings on the same facts.
The decision targeted by the appeals was issued last Monday (June 12). Through it, Minister Teori invalidated decisions by Judge Sérgio Moro issued on March 16 and 17, which authorized the lifting of the secrecy of telephone interceptions and sought to validate the recording, without judicial authorization, of a conversation between Lula and President Dilma Rousseff.
Teori also ordered an investigation into the illegal leaking of information and documents contained in proceedings that are under seal, as requested by Lula's lawyers.
Former President Lula reaffirms that he does not own the Santa Bárbara property in Atibaia (SP) or the apartment in Guarujá (SP). All his assets are duly declared and are consistent with his activities. Despite all the excesses and arbitrary actions that have occurred, nothing has been proven against Lula.
The documents are available at www.abemdaverdade.com.br
Cristiano Zanin Martins, Roberto Teixeira and José Roberto Batochio