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.

Tunisian Judiciary Rejects All Appeals Against Presidential Elections Results

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

 

Tunisian Judiciary Rejects All Appeals Against Presidential Elections Results

Tuesday, 24 September, 2019 – 11:00
Presidential candidate Kais Saied speaks as he attends a news conference after the announcement of the results in the first round of Tunisia’s presidential election in Tunis, Tunisia September 17, 2019. Reuters/Muhammad Hamed
Tunis – Mongi Saidani
The Administrative Court in Tunisia rejected six appeals by former presidential candidates who lost in the first round of elections, limiting the second round to candidates Kais Saied (Independent) and Nabil Karoui for Qalb Tounes (Heart of Tunisia Party).

Tunis Administrative Court’s spokesperson Imed Ghabri told Asharq Al-Awsat that Seifeddine Makhlouf, Abdelkrim Zbidi and Slim Riahi’s demands were rejected for not meeting the formal requirements to file the appeal.

Neji Jalloul, Hatem Boulabiar and Youssef Chahed’s demands were also rejected.

Thus, the administrative court, which specializes in resolving electoral disputes, has initially legitimized the results of the first round of the presidential race, pending the possibility of appeal by appealing candidates.

The appeals submitted against the results of the first round accused the winning candidates of relying on political publicity in the election campaign as well as violating the rules of the campaign.

While announcing the election results on Sunday, Independent High Authority for Elections (IHAE) President Nebil Baffoun said violations committed are not election crimes and don’t affect the results announced.

The first round of the presidential elections resulted in the victory of law professor Saied, who was ranked first among 26 candidates and won 18.4 percent of the votes, and Karoui, ranked second with 15.6 percent of the votes.

They will both compete during the second round, which is scheduled to be held on October 6 or 13.

On the other hand, Chahed suggested forming an alliance with Zbidi, the resigned defense minister who is backed by Nidaa Tounes party, following their loss in the first round of the elections.

Observers say both parties need one another to return to the competition in the parliamentary elections, during which power-sharing will be determined for the next phase.

Lula’s defense disputes Lava Jato about STF’s omitted conversations

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

 

Lula’s defense disputes Lava Jato about STF’s omitted conversations

In a statement to the Supreme Court, Lula’s defense refutes Lava Jato’s arguments about the former president’s tapped conversations with officials: “Dialogues were omitted because they showed a totally different scenario from the one the Curitiba authorities maintained,” says the lawyers’ petition.

(Photo: Felipe L. Gonçalves / Brazil247)

247 – The Folha de S.Paulo Panel column reports that former President Lula’s defense went to the Supreme Court to rebut the arguments of Lava Jato’s judge in Curitiba, Luiz Antonio Bonat, about the petist’s conversations with authorities that were intercepted by PF but were left out of the process.  

Bonat said in an explanation that it hurts common sense and does not convince anyone that the material was irrelevant to the investigation.  

Lula’s lawyers say the analysis of relevance was up to the court itself, because before the conversation with then-President Dilma Rousseff, Lula had spoken with then-Vice President Michel Temer, with deputies and senators – all with forum privileges, he points out. the column.  

For Lula’s defense, Lava Jato hid the other dialogues because they pointed to the exact opposite of what the prosecutors’ and the judge’s punitivist theses stated. 

“Dialogues were omitted because they showed a totally different scenario from the one that the Curitiba authorities maintained,” says the petition of former President Lula’s lawyers.

Brazil: Senate goes to STF against Lava Jato and can isolate Barroso in supreme court

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

 

Senate goes to STF against Lava Jato and can isolate Barroso in supreme court

Senate President David Alcolumbre (DEM-AP) complained that the Lava Jato operation, authorized by Supreme Minister Luis Roberto Barroso, did not have the consent of the Attorney General’s Office (PGR), recalls journalist Esmael Morais . Barroso is friends with prosecutor Deltan Dallagnol, who is “hurt” by Vaza Jato reports

Senate President, Senator David Alcolumbre (DEM-AP), granted interview.
Senate President, Senator David Alcolumbre (DEM-AP), gives interview. \ R \ rPhoto: Marcos Brandà £  £ o / Federal Senate (Photo: Marcos Brandão / Federal Senate)

By Esmael Morais, in his blog – In Brasilia, k-juice will boil even more. Senate President David Alcolumbre (DEM-AP) has announced that he will go to the Supreme Court (STF) against intimidation of the House.

Alcolumbre referred to the action of the Federal Police, this Thursday (19), in the office of Senator Fernando Bezerra Coelho (MDB-PE), leader of the government.

The Senate president complained that the Lava Jato operation, authorized by Supreme Minister Luis Roberto Barroso, did not have the consent of the Attorney General’s Office (PGR).

Barroso is friends with prosecutor Deltan Dallagnol, the task force’s coordinator in Curitiba, who is “hurt” by Vaza Jato reports.

Davi Alcolumbre sees the PF operation as ‘serious’ and ‘drastic interference’ because the reasons alleged in the court ruling would be between 2012 and 2014, so there is no justification for the search and seizure that took place today in the Senate. That is, by the time lapse, it would have given Bezerra Coelho time to conceal supposed evidence more than a million times.

“The determination of search and seizure also has the potential to reach the executive branch, as it was also held in the parliamentary cabinet for the Senate Federal Government Leader,” says a statement issued by the Senate president.

Senator Bezerra, in turn, said he was the victim of political persecution of Minister Sergio Moro. According to the government leader, his position in defense of fundamental guarantees bothers the former Lava Jato judge.

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.”

Brazil: Supreme prepares offensive against Moro and Lava Jet that could result in Lula’s release

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

 

Supreme prepares offensive against Moro and Lava Jet that could result in Lula’s release

October may be the time for a turning point in the clash that Brazil’s legalistic and democratic forces are waging against the discretion of Sergio Moro and Operation Lava Jato. The Supreme Court (STF) is preparing to give its harshest message to Operation Lava Jato and the former judge and current minister of justice, with his decisions rendered ineffective and Lula freed from the political prison imposed on him.

Celso de Mello must decide the fate of Moro and Lula 
Celso de Mello must decide the fate of Moro and Lula (Photo: STF | Ricardo Stuckert)

247 – The month of October may be the time of a turning point in the struggle the loyalists and democratic forces of Brazil waging against the will of Sergio Moro and Operation Lava jet. Report by journalist Thais Arbex, from Folha de S.Paulo, informs that the Supreme Court (STF) is preparing to give in October its toughest message to Operation Lava Jato and the former judge and current Minister of Justice, with their decisions rendered ineffective and Lula freed from the political prison imposed on him.  

It is possible that in October Minister Gilmar Mendes resumes the trial of Sergio Moro’s suspicion. It seems that by then there will be a defeat of Moro in the second class of the court.  

According to the report, the Supreme Court will again discuss a habeas corpus request made by the defense of former President Luiz Inacio Lula da Silva (PT), alleging Moro’s lack of impartiality in conducting the Guarujá triplex process ( SP). 

If the claim is accepted, the sentence may be overturned. the case would go back to the initial stages and Lula could get out of jail. The trial was set for July 25, but Gilmar asked him to leave the agenda. 

For the minister, the court should await the unfolding of the leaking talks attributed to Moro with the Lava Jato summit. At that moment, there was the prospect that new dialogues would emerge that could corroborate what Lula’s lawyers claim.  

There is a change of mood in the Supreme over this sensitive issue. The dean of the court, Celso de Mello, has shown signs of discomfort with the content of the messages revealed by Intercept. 

The minister is considered a fundamental piece for the suspicion of Moro to be debated again and be accepted by the board. Gilmar was just waiting for a signal from his colleague to release the process.  

The assessment of one wing of the Supreme is that most Ministers in the Second Class today have no doubt about Moro’s bias. The understanding has been reinforced by international repercussions. 

A magistrate told Folha, on condition of anonymity, that the Supreme Court needs to position itself because the scenario for the Brazilian Justice is bad.   

The report informs that can also go to the plenary of the Supreme Court next month the actions that question the constitutionality of prisons after conviction in the second instance and the discussion that overturned the sentence imposed by Moro Aldemir Bendine, former president of Petrobras and Banco do Brazil. This is what signaled the President of the Supreme Court, Dias Toffoli, to members of the court.   

An unfavorable scenario is drawn for Moro and Dallagnol. According to Ministers of the Supreme Court, the likely inclusion of these topics in the plenary agenda indicates that today, there would already be a majority in favor of theses contrary to Lava Jato.  

Toffoli also indicated that he could anticipate the debate on the use of detailed data from control agencies such as Coaf, IRS and Central Bank without judicial authorization.  

In July, Toffoli suspended criminal investigations that used detailed information from these agencies. Moro expressed his dissatisfaction with the decision to Toffoli, saying it could endanger the fight against money laundering.

Brazil: “While Lula is in prison there is no democracy in Brazil”

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

 

Celso Amorim: “While Lula is in prison there is no democracy in Brazil”

“Sovereignty today is popular sovereignty, which implies democracy. Democracy today in Brazil has a main name: Lula. While Lula is in prison there is no democracy in Brazil. So that we can return to a rational discourse and debate in the country, Lula Livre! “emphasized former minister Celso Amorim

247 – In an interview with the Tutaméia website, former Minister Celso Amorim, ambassador, Minister of Foreign Affairs of Lula and of Dilma Defense, analyzed the current national and international political conjuncture. Amorim countered the Jair Bolsonaro government’s speech on sovereignty and stressed that “sovereignty and democracy are inseparable.”

“Sovereignty today is popular sovereignty, which implies democracy. Democracy today in Brazil has a main name: Lula. While Lula is in prison there is no democracy in Brazil. So that we can return to a rational discourse and debate in the country, Lula Livre! “emphasized the former minister.

Regarding the international crisis generated by the burning of the Amazon, Celso Amorim pointed out that “Amazonia is a national responsibility for a global problem” and that Bolsonaro has a false view of sovereignty when dealing with the issue,

“There is a misappropriation of the term sovereignty in the case of the Amazon. We cannot fall into the trap of accepting that the concept of sovereignty is used to justify improper actions, contrary to our own laws, our constitution and also international commitments that the country has made. ”He said.

Amorin said he was not in favor of international status for the Amazon, as Macron suggested, “but it was Bolsonaro who caused it by making the Amazon issue a worldwide scandal.” 

The former minister also repelled the Bolsonaro government’s subservience to US dictates. “What exists today is mental colonialism. Minds are busy. So it’s ideal. You don’t spend any bullets and even the uniforms of the Marines and dominate. Brazil has never had such an explicit subordination to the US.”

Check out the full interview in Tutaméia .

Meet the TV 247

Justice Ruth Bader Ginsburg Treated Again For Cancer

(THIS ARTICLE IS COURTESY OF NPR NEWS)

 

Justice Ruth Bader Ginsburg Treated Again For Cancer

Supreme Court Justice Ruth Bader Ginsburg speaks with NPR in July.

Shuran Huang/NPR

Updated at 2:37 p.m. ET

Justice Ruth Bader Ginsburg has just completed three weeks of radiation treatment at Memorial Sloan Kettering Cancer Center in New York, the U.S. Supreme Court disclosed Friday.

The radiation therapy, conducted on an outpatient basis, began Aug. 5, shortly after a localized cancerous tumor was discovered on Ginsburg’s pancreas. The treatment included the insertion of a stent in Ginsburg’s bile duct, according to a statement issued by the court.

Doctors at Sloan Kettering said further tests showed no evidence of disease elsewhere in the body. The treatment comes just months after Ginsburg was operated on for lung cancer last December. The 86-year-old justice has been treated for cancer in various forms over the past 20 years.

“Justice Ruth Bader Ginsburg today completed a three-week course of stereotactic ablative radiation therapy at Memorial Sloan Kettering Cancer Center in New York City,” a statement from the Supreme Court read. “The focused radiation treatment began on August 5 and was administered on an outpatient basis to treat a tumor on her pancreas. The abnormality was first detected after a routine blood test in early July, and a biopsy performed on July 31 at Sloan Kettering confirmed a localized malignant tumor.

“As part of her treatment, a bile duct stent was placed. The Justice tolerated treatment well. She cancelled her annual summer visit to Santa Fe, but has otherwise maintained an active schedule. The tumor was treated definitively and there is no evidence of disease elsewhere in the body. Justice Ginsburg will continue to have periodic blood tests and scans. No further treatment is needed at this time.”

Shortly before her new round of treatment, Ginsburg sat for an interview with NPR, and her resilience was on full display.

“There was a senator, I think it was after my pancreatic cancer, who announced with great glee that I was going to be dead within six months,” Ginsburg said. “That senator, whose name I have forgotten, is now himself dead, and I,” she added with a smile, “am very much alive.”

During Ginsburg’s three weeks of treatment in New York, she kept up a busy schedule in New York, often going out in the evening to the movies, the opera and the theater.

At the National Yiddish Theatre Folksbiene, where Fiddler on the Roof is playing, word spread during intermission that Ginsburg was there, and the audience stood for several minutes applauding the diminutive justice.

Also in the audience that night was Kate McKinnon, whose frequent portrayal of Ginsburg on NBC’s Saturday Night Live has become a marquee event on the show. Soon, the justice and her imitator were caught in photos clasping hands for the first time.

The justice also continued to work during her time in New York, according to court sources, and she has been spotted frequently window shopping, even going in to try on shoes and other items that have interested her.

Ginsburg has 11 public events planned for September and has not canceled any of them to date.

The Supreme Court is set to open a new term on the first Monday in October, and the justices routinely return to work in September.

President Trump has already named two conservative justices to the court, thus ensuring a five-justice conservative majority in most controversial cases.

Were Ginsburg to leave the court prior to the 2020 election or even the inauguration, Senate Republican leader Mitch McConnell has made clear the GOP would move immediately to fill the vacancy. That would ensure a 6-to-3 conservative majority on the court, all but guaranteeing a conservative grip on the court for decades to come.

Brazil: Supreme court renewed expectation that Lula will have sentence overturned

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

 

Supreme court renewed expectation that Lula will have sentence overturned, says Zanin

Former President Lula’s lawyer, Cristiano Zanin Martins said the STF showed on Wednesday that it will observe due process and enforces the Constitution by barring the forced transfer of Lula to Sao Paulo; “This renews our expectation that former President Lula will be entitled to a fair, impartial and independent trial,” said Zanin.

247 – Lawyer Cristiano Zanin Martins stated that the ruling by the Supreme Court (STF) , by 10 votes to 1, which suspended the transfer of former President Luiz Inacio Lula da Silva from Curitiba to Sao Paulo signals that the Supreme Court should observe the I owe legal process when judging the suspicion of Sérgio Moro in the judgment against Lula. 

“Today, the Federal Supreme Court has shown that it will observe due process and enforce the Constitution and this renews our expectation that former President Lula will be entitled to a fair, impartial and independent trial,” the former lawyer said. president in a statement to reporters after the decision of the Supreme Court. 

“We hope that the Second Chamber of the Federal Supreme Court will be able to resume habeas corpus trial soon and, on merits, acknowledge the suspicion of former judge Sergio Moro. As a result, nullify the entire process and restore the full freedom of the former. President Lula, because this is the only possible result for someone who has not committed any offense, “said Cristiano Zanin. 

Read below, Reuters report on the STF decision:

Lula stays at PF in Curitiba at least until judgment of appeal by STF, decides Court

BRASILIA (Reuters) – Federal Supreme Court (STF) ministers overturned Wednesday afternoon court decision to transfer former President Luiz Inacio Lula da Silva from the Federal Police Superintendence in Curitiba to a prison facility in São Paulo until the court judges another appeal calling for the petista’s freedom – held since April last year.  

The decision of the STF, taken by 10 votes to 1, met the request of the defense of the former president, contrary to the determination of Judge Carolina Moura Lebbos who heeded the request of the PF of Curitiba to transfer Lula to São Paulo.

Following Lebbos’s ruling, São Paulo Judge Paulo Eduardo de Almeida Sorci had ruled that Lula, who is under arrest for the conviction in the case of the Guarujá (SP) triplex, should serve the remainder of his sentence at the Tremembé prison in the interior of São Paulo. .

The impasse over Lula’s transfer had strong repercussions in Brasilia, moving at least two Powers. It involved the Supreme Court, who put the case at the last minute for consideration by the court plenary, and even delayed the completion of the vote on the highlights of the second round of Social Security reform in the House of Representatives.

First, the defense of the petista appealed to Supreme Minister Gilmar Mendes – who has been since the end of last semester with a vote cast on a request for freedom of the former president.

In the middle of the afternoon, Mendes issued an order passing to the Supreme President, Dias Toffoli, the competence to decide who would appreciate the request of the defense of the former president who sought one of three ways: the freedom of Lula until the trial of the suspicion of the. former Lava Jato judge and Justice Minister Sergio Moro; the suspension of the transfer; or at least the determination that the rest of the prison be served in the staff room, not in a regular prison.

Returning from the break of the Supreme Plenary session, Toffoli then announced that the petitioner’s defense request would be reported by Edson Fachin, who is the original rapporteur of Lula’s freedom appeal. The case was then considered by the entire plenary, and Fachin’s vow to keep the former president in detention in the Curitiba Federal District prevailed until the Second Supreme Panel decided to dismiss Moro’s suspicions.

Of the 11 ministers, only Marco Aurélio Mello was against the Supreme Court to analyze the request, claiming that the jurisdiction would be the Federal Regional Court of the 4th Region (TRF-4).

Providence

The case involving Lula’s transfer also sparked reactions in Congress, including criticism from lawmakers who opposed the petista such as the PSDB, and in practice paralyzed the completion of the Social Security reform vote.

The biggest complaint was that Lula could not be transferred to a common prison by the prerogative of former president.

Mayor Rodrigo Maia (DEM-RJ), who even agreed with the criticism during the Social Security session, decided to hold back the vote of the highlights so that a group of deputies from various parties could meet with the president of Supreme to ask the court to adjudicate the case as soon as possible.

According to House Majority leader Aguinaldo Ribeiro (PP-PB), news about Lula’s transfer did not contaminate the vote on the Social Security reform in plenary. He admitted, however, that the delay in analyzing the second highlight of the proposal was due to Maia’s commitment to await the return of parliamentarians from the Supreme Court.

According to the first deputy mayor, Deputy Marcos Pereira (PRB-SP), more than 80 parliamentarians from 12 parties were part of the group that met with Toffoli.

“Everyone spoke in the name of democracy,” Pereira later reported.