Brazil: Fachin denies appeal that could annul Lava Jato proceedings


(THIS ARTICLE IS COURTESY OF BRAZIL’S 247 NEWS)

 

Fachin denies appeal that could annul Lava Jato proceedings

Rapporteur of the case in the Federal Supreme Court, Minister Edson Fachin voted against the appeal dealing with the order of the defendants’ final allegations in a lawsuit and could affect one of former President Lula’s rulings. The session was concluded after Fachin’s vote

247 – Rapporteur of the case in the Supreme Court, Minister Edson Fachin voted against the appeal dealing with the order of the defendants’ final allegations in a case and may affect one of former President Lula’s rulings. The session was concluded after Fachin’s vote.

After the vote, which lasted three hours and took the whole session, the trial was suspended and the session adjourned. In the afternoon of tomorrow (26), the collegiate resumes the analysis of the case with the vote of the minister Alexandre de Moraes.

The trial discusses the order of submission of the final allegations by collaborating and non-collaborating defendants in criminal proceedings and has the power to overturn judgments of the Lava Jato operation, including that of former judge Sérgio Moro who has held in custody for over a year. former president Luiz Inácio Lula da Silva.

In his explanation, Fachin argued that one would be facing a debate that does not concern a question between prosecution and defense, but between defense and defense. “Would there be illegality or abuse of power by failing to comply with an express legal rule that does not exist?” 

“The procedural law differentiates the moments of the MP and the defense. It does not distinguish, however, the moment of participation between the defenses due to the possible collaborative posture on the part of one of the parties. prosecution, “he said.

“The order of submission of final allegations by prosecution and defense is to establish a minimum of balance of force. Parity of arms. But this logic does not transfer mechanically to the winning collaboration. Delation must be analyzed to see whether or not it is efficient,” concluded the minister.

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