Brazil: STF should not be afraid to judge former judge’s (Moro’s) acts

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

 

Gilmar points out deviations from Moro and says STF should not be afraid to judge former judge’s acts

Minister Gilmar Mendes says the Supreme Court will not consider Moro’s popularity in judging his suspicion. “If a court comes to consider this factor, he has to close because he loses his degree of legitimacy,” he says. He is adamant: “Let us imagine that these people were in the Executive. What would they do? Surely they would close Congress, they would close the Supreme. This phenomenon of institutional breach would not have occurred systemically had it not been for the support of the media. Therefore, they are co-authors. of evildoers. ”

Gilmar Mendes
Gilmar Mendes (Photo: Carlos Humberto / SCO / STF)

247 – In an interview with Thais Arbex and Tales Faria, Supreme Court Justice Gilmar Mendes said he would not assess the popularity of former judge Sergio Moro in assessing his suspicion. “If a court considers this factor, he has to close,” he said. He was incisive: “Let’s imagine these people were in the Executive. What would they do? Surely they would close Congress, they would close the Supreme. This phenomenon of institutional violation would not have occurred systemically had it not been for media support. So they are co-authors of the wrongdoers. ”

Gilmar also pointed out deviations committed by Moro and Dallagnol during the Lava Jato. “The collusion between judge, prosecutor, delegate, IRS is spurious. This does not fit our model of the rule of law, ”he said and also said that Brazil needs to“ end the cycle of false heroes ”.

“People realize that this prosecutor is not acting properly. This judge is not acting properly. Whether or not we are going to overturn these judgments, the judgment that is forming is that this is not how justice should be.” That this is wrong, that these people were using the functions for something else. That became increasingly evident, “said Gilmar. “What is this incontrastable power? We learned, seeing this underworld, what they were doing: contingency-related denunciations, mocking people, persecuting family members to get the outcome of the investigated. All this has nothing to do with the state of Right.”.

In a message to Bolsonaro, Celso de Mello says ‘MP does not serve governments, people, ideological groups’

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

 

In a message to Bolsonaro, Celso de Mello says ‘MP does not serve governments, people, ideological groups’

Minister Celso de Mello, the oldest of the Federal Supreme Court defended on Thursday (12) the independence role of the prosecutor. The STF dean stated that the prosecution cannot serve governments or ideological groups. The prosecution should not be the servile representative of anyone’s sole will or basic instrument of minority law offense, “said the minister.

Jair Bolsonaro and Celso de Mello
Jair Bolsonaro and Celso de Mello (Photo: PR | STF)

247 – Minister Celso de Mello, the oldest of the Federal Supreme Court, defended on Thursday (12) the independence role of the Public Prosecution Service. The dean of the STF stated that the Public Prosecution Service cannot serve governments or ideological groups, informs O Globo .  

The statement was made at the last session in which Attorney General Raquel Dodge participated in the Court. She will be replaced by Deputy Attorney Augusto Aras, who will still be subject to Senate sabbath.  

“The prosecution does not serve governments, people, ideological groups, is not subordinate to political parties, does not bow to the omnipotence of power or the wishes of those who exercise it. The prosecution should not be the servile representative of the will either. of anyone, or a basic instrument of minority offense, “said the minister.  

The dean also said that the MP acts to protect “a huge mass of citizens, forest people and children of nature unfairly persecuted with predatory greed of those who violate the law.”

Lava Jato repeats unreasonable accusations, says Lula’s defense about new complaint

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Lava Jato repeats unreasonable accusations, says Lula’s defense about new complaint

Former president and his brother Frei Chico were denounced by the Lava Jato de Sao Paulo task force for continued passive corruption. According to MPF, Frei Chico received “allowance” from Odebrecht between 2003 and 2015 in exchange for benefits obtained by the company from the government. “Lula has never offered the Odebrech Group any ‘improper advantage package’, so much so that the complaint does not describe, much less prove any illegal act by the former president. their family members, “said his lawyer, Cristiano Zanin Martins

247 – Former President Lula’s defense called “new accusations” the new complaint made by the Lava Jato task force in Sao Paulo against the former president and his brother Frei Chico. Both were reported for the crime of continued passive corruption. 

According to the MPF, Frei Chico received “allowance” from Odebrecht from R $ 3 to R $ 5,000 between 2003 and 2015 as “part of a package of improper advantages offered to Lula, in exchange for the various benefits obtained by Odebrecht from the federal government”.

“Lula has never offered the Odebrech Group any ‘improper advantage package’, so much so that the complaint does not describe, much less prove any illegal act by the former president. [He] also never claimed any improper advantage for himself or any of relatives, “said Lula’s lawyer, Cristiano Zanin Martins.

Frei Chico’s defense, represented by attorney Antônio Funari, sees the complaint as “absurd” as it has been handed over to the MPF “abundant documentation” proving that Frei Chico worked for Odebrecht and that the case corresponds to a period even before Lula is president. In addition, he recalled that witnesses appointed by the defense were not heard in the process. “I am finding this complaint very strange. It makes no sense. We have delivered documents that clearly prove that Friar Chico was serving Odebrecht,” he told 247.

In a telephone conversation with 247, Friar Chico said that he never received an allowance, but rather worked as a consultant for Odebrecht. Lula’s brother also stressed that the defense witnesses appointed by him to speak in the process were never heard.

This weekend, new leaks from The Intercept website opened up the political plans of Operation Lava Jato, which in 2016 manipulated the episode version of Lula’s appointment as Minister of the House, preventing this from happening and strengthening the environment for the government. blow that took Dilma Rousseff out of power.

Read the full note issued by Lula’s defense:

The complaint filed today (09/09/2019) in São Paulo by prosecutors of the franchise “Lava Jato” against Lula repeats the same and unreasonable accusations already presented in other criminal proceedings against the former president, in particular, the criminal action No. 5063130 -17.2016.4.04.7000 (case of the property that was never intended for Instituto Lula), which is before the 13th. Federal Criminal Court of Curitiba and criminal action No. 1026137-89.2018.4.01.3400 / DF, which is pending before the 10th. Federal Criminal Court of Brasilia (Janus case).  

Lula has never offered the Odebrech Group any “package of improper advantages”, so much so that the complaint does not describe, much less proves any illegal act by the former president. Once again the prosecutor resorted to the subterfuge of the “undetermined act”, in a kind of wildcard used to multiply unreasonable accusations against Lula. 

The former president has also never claimed any improper advantage for himself or any of his family members. The complaint comes the next day of serious revelations by the newspaper Folha de S. Paulo of Lava Jato’s illegal action against Lula, showing the concealment of evidence of innocence and undue and illegal action aimed at breaking democracy in the country.   

The use of criminal proceedings and the repetition of the same and unreasonable accusations in different proceedings proves that Lula is a victim of “lawfare”, which consists in the abuse of laws and legal procedures to promote political persecution.

Cristiano Zanin Martins

Brazil: The Lava Jato Presidential Coup

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWS AGENCY 247)

 

Lava Jato omitted Lula’s dialogues to prevent his inauguration in the Civil House and overthrow Dilma

The new chapter of Vaza Jato reveals that police and prosecutors have omitted dialogues from former President Lula that prove that they never intended to shield themselves from Lava Jato investigations. Lula intended only to guarantee the governability of former president Dilma Rousseff. With the manipulation of the dialogues, which were leaked by Sergio Moro to Globo, the Lava Jato changed the history of Brazil, preventing the possession of Lula, overthrowing Dilma and allowing the rise of fascism represented by Jair Bolsonaro.

(Photo: Ricardo Stuckert)

247 – The dialogues held by former President Luiz Inacio Lula da Silva in 2016, when he could have been Minister of the Civil House, demonstrate that his intention was never to shield himself from the Lava Jato – a thesis used by Sergio Moro to leak the illegal staple. then president Dilma Rousseff for Globo. Lula intended only to ensure Dilma’s governance – which would be absolutely lawful and normal. However, such dialogues were omitted precisely because they contradicted Moro’s thesis to manipulate public opinion. By only partially disclosing the audios, the Lava Jato helped prevent Lula from taking office as minister, toppling President Dilma through fraudulent impeachment and allowing the rise of neo-fascism represented by Jair Bolsonaro. This is the new chapter of Vaza Jato.

“Conversations of former President Luiz Inacio Lula da Silva (PT) recorded by the Federal Police in 2016 and kept confidential ever since weaken the thesis used by today’s minister Sergio Moro to justify the most controversial decision he made as judge over Lava Jato “, points out the new report by Folha in partnership with Intercept. “Other intercepted police calls that day, kept under wraps by investigators, questioned the hypothesis adopted at the time by Moro, who left the judiciary to take over the Ministry of Justice under the Jair Bolsonaro (PSL) government.”

“The dialogues, which include talks by Lula with politicians, trade unionists and then Vice President Michel Temer (MDB), reveal that the petista told different interlocutors that day that he was reluctant to accept Dilma’s invitation to be minister and only accepted him. after pressure from allies, the former president mentioned the ongoing investigations only once to direct one of his lawyers to tell journalists to seek him out that the sole effect of the appointment would be to change his jurisdiction case, thanks to the guarantee of forum for ministers in the Supreme, “the report also points out. 

Moro’s illegal staple was released by Globo on March 16, 2016. Based on conversations released by the former judge, STF Minister Gilmar Mendes annulled Lula’s inauguration two days later, on March 18. As the political crisis deepened, the House approved the opening of the impeachment process in April and removed Dilma from office, the report recalls.

 

Brazil: Vaccari leaves prison

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

 

Vaccari leaves prison, thanks militant support and reaffirms innocence: “what we did was respect the law”

Former PT treasurer João Vaccari Neto left on Friday afternoon, 6, the Pinhais Penal Medical Complex, after 4 years and 4 months of unjust imprisonment at Lava Jato, to serve the rest of his sentence under a semi-open regime. In video, Vaccari thanked the support of the PT activist militancy and the National Executive of the PT and reaffirmed its innocence. “What we did was respect the law and, above all, comply with the will of the party members”

247 – Former PT treasurer João Vaccari Neto left Friday afternoon, 6, to serve the remainder of his sentence under a semi-open regime.

In video, Vaccari thanked the support of the PT activist militancy and the National Executive of the PT and reaffirmed its innocence. “What we did was respect the law and, above all, comply with the will of the party members”

Watch:

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In a statement, the PT said the accusations against Vaccari were never proved and that he faced with dignity the charges forged by Lava Jato prosecutors in the judicial farce led by Sergio Moro. 

The decision for the freedom of the former treasurer was the Federal Court of Paraná. As he has already served four years and four months in a closed regime, Vaccari’s defense has filed a request requesting the progression of the penalty to the open regime, according to lawyer Ricardo Ribeiro Velloso.

The pardon establishes some requirements for its grant such as behavior, need for study, work, and general profile. The defense justified the right to commute the penalty because Vaccari’s conduct offered all the requirements for the grant. The request was granted by the substitute judge Ana Carolina Bartolamei Ramos.

According to lawyers Pedro Dallari and Pedro Serrano, Vaccari is the victim of investigations that clashed with the facts. “He did not get rich, has no foreign account, did not gain undue advantages. It requested official donations to the PT through bank transactions, declared and approved by the Electoral Court. ”

Vaccari was arrested in April 2015 by determination of then judge Sergio Moro. The prison, initially temporary, was converted into a preventive, until the former leader was sentenced to 15 years and four months in prison by Sergio Moro in November 2015. Subsequently, the former PT treasurer was convicted in further actions, with penalties ranging from six to 10 years in prison, totaling 31 years in prison.

In June 2017, the second instance (8th Federal Court of the 4th Region – TRF4) acquitted Vaccari of a money laundering conviction. Contradictorily, in November of that same year, the same TRF-4 decided to increase Vaccari’s sentence from 10 to 24 years in prison, in another case, instead of acquitting him for lack of evidence, as in the five-month court ruling. before.

Read the full PT note below:

After four and a half years of unjust imprisonment, arbitrarily decreed in March 2015, comrade João Vaccari Neto is leaving today (6/09) the Pinhais Penal Medical Complex (PR), by decision of the Paraná Court of Criminal Executions. Vaccari is one of the biggest victims of the persecution of the PT and its leaders, through charges forged by Lava Jato prosecutors in the judicial farce commanded by Sergio Moro.

Contrary to what was alleged in the proceedings, comrade Vaccari did not participate in fundraising for election campaigns or commit any crime. Yes, he was the PT’s Secretary of Finance and from this position he was accountable to the party and the Electoral Justice, with absolute correction. In all the actions to which he had to respond, the prosecutors’ complaints and false accusations negotiated by them with confessing criminals were never proved.

Vaccari’s innocence, demonstrated throughout the proceedings, was recognized in at least two second instance decisions, which overturned Moro’s sentences for total lack of evidence for conviction. His defense is appealing in the higher courts to other equally unfair convictions. Because he was pardoned from one of the convictions and served a substantial part of another, he was entitled to the semi-open regime as of today.

Faced with all the injustices that also cruelly affected his family, comrade Vaccari maintained his dignity and never gave up his defense of his innocence, fighting exclusively with the weapons of truth and law. During all this time, he received the solidarity of the Workers ‘Party and those who lived with him in the struggle, militancy, the bankers’ trade union movement and the CUT.

The PT welcomes back to our conviviality this fellow who grew even more in our admiration and respect, facing the hardest trials. We are sure that true justice will still be done to him and all the persecuted politicians of this period when the rule of law was so often violated in our country. And we will raise the flag of Lula Livre higher and higher, in defense of democracy and the rights of the Brazilian people.

Head up, always, mate Vaccari!

The truth will win!

National Executive Committee

Curitiba, September 6, 2019

Quebec Superior Court overturns province’s ban on homegrown cannabis

(THIS ARTICLE IS COURTESY OF THE MONTREAL GAZETTE)

 

Quebec Superior Court overturns province’s ban on homegrown cannabis

Ruling means that Quebecers are now free to cultivate up to four cannabis plants at home without facing legal repercussions.

“As a Quebec citizen, I subscribe to the idea that it’s better to control cannabis by allowing it to be grown at home,” said Julien Fortier, the lawyer who led the challenge. ALLEN MCINNIS / MONTREAL GAZETTE

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Quebec Superior Court Judge Manon Lavoie overturned the province’s ban on homegrown cannabis on Tuesday, meaning that Quebecers are now free to cultivate cannabis at home without facing legal repercussions.

In June 2018, the provincial government passed Quebec’s cannabis law, which included provisions banning the cultivation of cannabis at home.

However, Lavoie ruled that these provisions are unconstitutional as they infringe upon the jurisdiction of the federal government, which has sole responsibility for legislating on criminal matters.

As a result, homegrown cannabis in Quebec is now regulated by Canadian law, which allows citizens to grow up to four cannabis plants.

“As a Quebec citizen, I subscribe to the idea that it’s better to control cannabis by allowing it to be grown at home,” said Julien Fortier, the lawyer who led the challenge.

Fortier took on the case after being approached by Janick Murray Hall, who wanted to bring the action to court on behalf of all those in Quebec who have been prosecuted for being in possession of cannabis plants.

According to the lawyer, Lavoie’s ruling fits with why the government opted to legalize cannabis in the first place.

“The entire idea behind the legalization of cannabis was that the government wanted to remove the production of this plant from organized crime,” Fortier said. “If you allow people to cultivate this plant themselves, that purpose would be achieved.”

Still, Fortier is urging Quebec home growers to avoid celebrating prematurely, as the provincial government has 30 days to file a petition to the Court of Appeal. In fact, he warns there is a “very strong chance” the government will seek an appeal.

“I don’t think the Quebec government will do nothing and let it slide,” he said. “Regardless, we’re looking forward to the fight.”

[email protected]

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Brazil: Lava Jato fears other sentences will be overturned, including Lula’s

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

 

Lava Jato fears other sentences will be overturned, including Lula’s conviction

The unpublished decision by the Supreme Court to overturn the sentence of former judge Sergio Moro who condemned former Petrobras president Aldemir Bendine caused panic to prosecutors of Operation Lava Jato. They say they view the measure with “immense concern” and fear that other convictions of the Operation, including Lula’s conviction, could also be overturned by the country’s Supreme Court.

(Photo: Felipe L. Gonçalves / Brasil247 | STF)

247 – The unpublished decision of the Supreme Court to overturn the sentence of former judge Sergio Moro who condemned former Petrobras president Aldemir Bendine caused panic to prosecutors of Operation Lava Jato. 

They say they view the measure with ‘grave concern’ and fear that other unjust condemnations made under the Operation would also be overturned by the country’s Supreme Court.  

In a report by journalist Felipe Bächtold , Folha de S.Paulo reports that the Lava Jato task force in Parana issued a statement saying “immense concern” with the decision of the Supreme Court. 

In the note, prosecutors state that precedent paves the way for overturning most convictions already issued in the operation. 

 The decision of the Second Class of the Supreme Court to overturn the conviction of former Petrobras President Aldemir Bendine was based on the argument that the defenses presented their final allegations within the same time frame, without distinguishing between whistle blowers and accused. “If the understanding is applied in the other cases of the Lava Jato operation, it could nullify practically all convictions, with the consequent prescription of several crimes and release of arrested defendants,” says the text released by prosecutors in Paraná.  

For now, the ruling of the Second Class holds only for Bendine’s sentence.   

Setting the same deadlines for whistle blowers and whistle blowers was a constant throughout the Lava Jato.  

In another case in Curitiba that already had a sentence in the lower court, that of the Atibaia (SP) site frequented by former President Lula, the presentation of the final allegations also occurred in this way, which has now been questioned.  

In November of last year, Judge Gabriela Hardt set a “ten days for the defenses” to present these demonstrations, without distinguishing between whistle blowers and whistle blowers.  

The former president’s defense said he had seen similarities between Bendine’s case and Lula’s.

Egyptian Judiciary Issues Sentences in al-Haram Violent Acts

(THIS ARTICLE IS COURTESY OF THE SAUDI NEWS AGENCY ASHARQ AL-AWSAT)

 

Egyptian Judiciary Issues Sentences in al-Haram Violent Acts

Sunday, 25 August, 2019 – 11:15
File photo showing the Egyptian high court, Cairo, Egypt. (Reuters)
Cairo – Waleed Abdul Rahman
The Cairo Criminal Court issued a 5-year sentence against one defendant and released 3 others in the retrial of violent acts case at Al-Haram suburb in Giza.

The Public Prosecution charged the defendants with possessing firearms, attacking public and private properties, protesting without permission, holding the intention to kill and join a group that was established contrary to the law.

The same court decided on Saturday to postpone the trial of 47 defendants in the case of storming El Tebeen Police Department on Sep. 15. The Appellate court (the highest judicial authority in the country) abolished on July 5 the sentences against them and decided on a retrial.

On Nov. 5, 2016, the Court issued 15 years in prison sentence against 21 defendants, 10 years in prison to 15 defendants and 7 years to 11 others.

They were all fined to around EGP10 million and will be under the police supervision after concluding the sentence duration.

The Public Prosecution accused them of causing chaos, crowding and intending to kill several officers and members of El Tebeen Police Department as well as setting fire to the department, burning its possessions, attempting to smuggle prisoners, possessing fire and cold arms and joining a group contrary to the law.

Attorney General Nabil Ahmed Sadek ordered referring 11 suspects to the criminal court in the case of Mar-Mina Church attack in Halwan district on the outskirts of Cairo. They were accused of establishing and joining a takfiri group, funding its members, and killing 10 citizens including police officers.

Meanwhile, the trial of 9 suspects was delayed in the case of violence around buildings of the parliament, the cabinet, the Shura Council and the Egyptian Scientific Institute in Cairo.

Pakistan to take Kashmir issue with India to World Court

(THIS ARTICLE IS COURTESY OF THE HINDUSTAN TIMES OF INDIA)

 

Pakistan to take Kashmir issue with India to World Court

Pakistan’s foreign minister Shah Mahmood Qureshi told ARY News channel that the government had made an “in-principle decision” to take the Kashmir issue to the ICJ, and that it would be taken up “as soon as possible”.

WORLD Updated: Aug 20, 2019 22:39 IST

Imtiaz Ahmad
Imtiaz Ahmad

Hindustan Times, Islamabad
Pakistan said on Tuesday it would take the Kashmir issue with India to International Court of Justice.
Pakistan said on Tuesday it would take the Kashmir issue with India to International Court of Justice.(AP Photo)

Pakistan said on Tuesday it will take the Kashmir issue to the International Court of Justice (ICJ) following India’s decision to revoke the special status of Jammu and Kashmir.

The move came four days after the UN Security Council held closed and informal consultations on the Kashmir issue – the first time such a meeting was held since 1971 – though there was no formal outcome or statement. Pakistan’s leadership has already pledged to raise the issue at all international forums.

Pakistan’s foreign minister Shah Mahmood Qureshi told ARY News channel that the government had made an “in-principle decision” to take the Kashmir issue to the ICJ, and that it would be taken up “as soon as possible”.

“We had to see what were our legal options. We were examining the options and after that, we have come to the decision that we have a strong position and we can take it to the ICJ,” he said.

“After discussions, this decision has been made,” he added.

Asked by the channel whether Pakistan intended to take up human rights violations or the change of the status of Kashmir at the ICJ, Qureshi said legal details would be provided by the law ministry, but did not go into details.

Pakistan’s de facto information minister Firdous Ashiq Awan also told reporters following a cabinet meeting that the government had granted in-principle approval to the move to take the Kashmir issue to the UN’s principal judicial organ.

She said the case will be presented with a focus on human rights violations. A panel of internationally reputed lawyers will be engaged to pursue the case on behalf of Pakistan, she added.

There was no immediate response from Indian officials. However, people familiar with developments said New Delhi had made preparations for the possibility of Islamabad taking the Kashmir issue to the ICJ or any other international court before the Indian government announced its decision to revoke Jammu and Kashmir’s special status on August 5.

In a separate development, Saudi Crown Prince Mohammad Bin Salman spoke to Prime Minister Imran Khan over phone on Monday night. They exchanged views on the situation in Kashmir, media reports said. Khan told the crown prince about the latest situation in the region and the two leaders also discussed the regional security situation.

First Published: Aug 20, 2019 19:43 IST

Brazil: House-approved anti-abuse bill prevents Lava Jato standard

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

 

House-approved anti-abuse bill prevents Lava Jato standard

Under the bill, it may be considered an abuse of authority to obtain evidence by unlawful means; execute a search warrant and seizure in real estate, ostensibly mobilizing vehicles, personnel or weapons to expose the investigated to vexation; prevent a private meeting between an inmate and his lawyer; and ordering the coercive conduct of witness or investigated without prior notice of court attendance – measures that were adopted by Sergio Moro and Deltan Dallagnol

Agência Brasil – The plenary of the Chamber of Deputies concluded on Wednesday (14) the vote on Bill 7.596 / 17, which defines the crimes of abuse of authority. The text encompasses acts committed by civil servants and members of the three Powers of the Republic, the Public Prosecution Service, the courts and boards of auditors and the Armed Forces. 

After the base text was approved by a symbolic vote , parliamentarians rejected all the highlights of the text presented by the rapporteur Ricardo Barros (PP-PR). As there was no change, the matter goes to presidential sanction

Approved in the Senate in June, the text provides for the creation of the box 2 crime, vote buying and the increase of penalty for the crime of corruption, making the practice hideous in some cases. Currently considered an electoral and non-criminal offense, with a penalty lower than that applied to other crimes and subject to limitation within a term of office, the practice of box 2 in an election campaign may be classified as a crime.

Under the bill, it may be considered an abuse of authority to obtain evidence by unlawful means; execute a search warrant and seizure in real estate, ostensibly mobilizing vehicles, personnel or weapons to expose the investigated to vexation; prevent a private meeting between an inmate and his lawyer; and decree the coercive conduct of witness or investigated without prior summons of court attendance. 

In total, the proposal presents 37 actions that could be considered abuse of authority, when performed for the specific purpose of harming someone or benefiting himself or others. 

The parties PSL, Novo and Citizenship advocated that the proposal be debated longer in the House and each presented a highlight to be debated and voted in plenary. If any were approved, the text would go back to the Senate.

All the highlights presented by these parties were rejected, such as the one intended to exclude a device listing the effects of the conviction, such as damages for damages, disqualification from office, mandate or civil service for 1 to 5 years, presented by the PSL, and what wanted to exclude from the text the article that typifies as abuse of authority the use of handcuffs on prisoners when there is no resistance to arrest or threat of escape, presented by Somos.