Brazil: Lula’s son’s defense requests annulment and removal of Lava Jato Curitiba case

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

 

Lula’s son’s defense requests annulment and removal of Lava Jato Curitiba case

Lawyers for Fábio Luís Lula da Silva, son of former president Lula, asked on Friday (13) that the investigation of the 69th phase of the Lava Jato be withdrawn from Curitiba. According to the defense, the case has already been subject to criminal investigation in São Paulo and was filed by the MPF in the state for lack of evidence.

Lula and Fábio Luís Lula da Silva
Lula and Fábio Luís Lula da Silva (Photo: Reproduction)
 

247 – The defense of Fábio Luís Lula da Silva, son of former President Lula, asked this Friday (13) to the Federal Regional Court of the 4th Region to withdraw the investigation of the 69th phase of the Lava Jato of Curitiba’s federal court and annul the court decision that decreed it, informs Folha de S.Paulo .

In their request to Judge João Pedro Gebran Neto, the lawyers argue that “the case has already been subjected to criminal investigation in São Paulo by order of the Superior Court of Justice. The inquiry was then filed by the Federal Public Prosecution Service in the state for lack of evidence. They claim that any further investigation on the subject can only be done in the same place, “the report says.

They also state that “there is nothing in the 69th phase of Operation Lava Jato that points to any trace of fraud or embezzlement at Petrobras.”

“The jurisdiction of the 13th Federal Court of Curitiba is restricted to illicit cases involving Petrobras, while the 69th Lava Jato Phase clearly investigates alleged illicit acts involving the telecommunications sector, with no relation to oil and gas,” he says. the defense.

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.

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.

Prosecutor also attempted to intimidate Alexandre de Moraes to vote for arrest at second instance

(THIS ARTICLE IS COURTESY OF THE BRAZILIAN NEWSPAPER 247)

 

Prosecutor also attempted to intimidate Alexandre de Moraes to vote for arrest at second instance

The new chapter of Vaza Jato also reveals Deltan Dallagnol’s action in articulating street movements to pressure Teori Zavascki’s nominee Minister Alexandre de Moraes to vote for the arrest in the second instance – which, in fact, happened

(Photo: Marcelo Camargo – Brazil Agency)

247. Following the death of Teori Zavascki, Michel Temer appointed Alexandre de Moraes, then Minister of Justice, for the vacancy of Zavascki in the Supreme. “A year later, the minister became the target of an onslaught of movements coordinated by Dallagnol after the Federal Regional Court of the 4th Region confirmed, in January, the condemnation of former President Lula in the Guarujá triplex process,” reveal the new Vaza Jato’s messages, in the report by Rafael Neves and Rafael Mora Martins.

“Amid speculation about the probable arrest of the petista, circulated the information that the Supreme was studying to allow the sentence to be served only after the conviction was ratified Superior Court, the third instance. Attention then turned to Moraes, the only in the STF that had not yet cast a vote on the matter “, points out the text. Check out one of the dialogues below:

Three days after Lula’s sentence was confirmed, Dallagnol raised his concern to prosecutor Thaméa Danelon:

January 27, 2018 – Private Chat

Deltan Dallagnol – 20:41:03 – Tamis, as for the provisional execution, we have to make it more expensive for Alexandre de Moraes to change position

Thaméa Danelon – 20:41:26 – Of course

Danelon – 20:41:31 – What do you suggest?

Danelon – 20:41:49 – I saw that you replied a tt of a citizen.

Danelon – 20:41:54 – I will reply

Dallagnol – 20:43:56 – We have to gather information that in the past supported execution after trial of the SECOND degree and move the movements to hit it a lot.

Dallagnol – 20:44:09 – Letting face change

Danelon – 20:44:16 – Okay. I can move on to the moves.

Danelon – 20:44:31 – To Come to the Street and the Streets

Dallagnol – 20:44:33 – Show that change benefits Aécio and PSDbistas of the party to which he is linked

Danelon – 20:44:43 – Great

Danelon – 20:44:58 – I remember that he was in favor of the second instance.

Dallagnol – 20:45:00 – That will probably lose forum this year

Danelon – 20:45:06 – But I don’t remember how he stated that

“Whether because of the pressure or not, it is certain that a few days later, on February 6, Alexandre de Moraes did what Dallagnol, Danelon and Vem Pra Rua wanted: he voted in favor of the execution of federal deputy João Rodrigues, of the Santa Catarina PSD, which had a federal court conviction upheld in the second instance, “reporters report.

Brazil: Global lawyers ask for Lula Livre and say shocked by Brazil’s breach of legality

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

 

Global lawyers ask for Lula Livre and say shocked by Brazil’s breach of legality

A group of 17 international jurists, among the most renowned in the world, issued a manifesto calling for the freedom of former President Lula, who was arrested last April to be barred from running and winning the 2018 presidential election. “We were shocked to see how the fundamental rules of the due Brazilian legal process were violated without any shame,” they also say in the text.

Former President Luiz Inacio Lula da Silva
Former President Luiz Inacio Lula da Silva (Photo: REUTERS / Ueslei Marcelino)

247 – The institutional coup that took place in Brazil, which began with the non-criminal overthrow of former President Dilma Rousseff and culminated in the imprisoned arrest of former President Lula, with the sole purpose of excluding him from the presidential race to paving the way for the neoliberal project and framing the country under the orbit of the White House, was the subject of a harsh manifesto signed by 17 of the world’s most respected jurists.

They say the revelations of the scandal of messages exchanged between prosecutor Deltan Dallagnol, coordinator of Operation Lava Jato, and Sergio Moro, who condemned Lula, “appalled all legal professionals,” according to a report by Mônica Bergamo in Folha. “We were shocked to see how the fundamental rules of the due Brazilian legal process were violated without any shame”, they also say in the text. “In a country where justice is the same for everyone, a judge cannot be both judge and party to a case.”

They follow: “Because of these illegal and immoral practices, Brazilian Justice is currently experiencing a serious credibility crisis within the international legal community.”

The lawyers who sign the manifesto are from countries such as France, Spain, Italy, Portugal, Belgium, Mexico, USA and Colombia.

Read the full article below and all signatories below

Lula was not tried, was the victim of political persecution

We, lawyers, jurists, former ministers of justice and former members of Supreme Courts of Justice from various countries, would like to call for consideration the judges of the Supreme Court and, more broadly, the public opinion of Brazil for the serious vices of the proceedings. filed against Lula.

The recent revelations by journalist Glenn Greenwald and staff at The Intercept news site, in partnership with Folha de Sao Paulo and El País newspapers, Veja magazine and other media, have appalled all legal professionals. We were shocked to see how the fundamental rules of Brazilian due process were violated without any shame. In a country where justice is the same for everyone, a judge cannot be both judge and party to proceedings.

Sérgio Moro not only conducted the process partially, he led the prosecution from the outset. He manipulated the mechanisms of the award, directed the work of the prosecutor, demanded the replacement of a prosecutor he was not satisfied with, and directed the prosecution’s communication strategy.

In addition, it placed Lula’s lawyers on the phone and decided not to comply with the decision of a judge who ordered Lula’s release, thus grossly violating the law.

Today, it is clear that Lula was not entitled to a fair trial. It should be noted that, according to Sergio Moro himself, he was convicted of “undetermined facts”. A businessman whose testimony gave rise to one of the former president’s convictions even admitted that he was forced to construct a narrative that would incriminate Lula under pressure from prosecutors. In fact, Lula has not been tried, was and is the victim of political persecution.

Because of these illegal and immoral practices, Brazilian justice is currently experiencing a serious credibility crisis within the international legal community.

It is indispensable that the judges of the Federal Supreme Court fully exercise their functions and are the guarantors of respect for the Constitution. At the same time, we expect the Brazilian authorities to take all necessary steps to identify those responsible for these very serious procedural deviations.

The fight against corruption is today an essential issue for all citizens of the world, as is the defense of democracy. However, in Lula’s case, not only was justice instrumentalized for political ends, but the rule of law was clearly disrespected in order to eliminate the former president from the political dispute.

There is no rule of law without due process of law. And there is no respect for due process when a judge is not impartial but acts as head of the prosecution. In order for the Brazilian judiciary to restore its credibility, the Federal Supreme Court has a duty to release Lula and nullify these convictions.

List of Signatories

Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University

John Ackerman, Professor of Law and Political Science, National Autonomous University of Mexico

Susan Rose-Ackerman, Emeritus Professor Henry R. Luce of Jurisprudence, Yale University School of Law

Alfredo Beltrán, Former President of the Constitutional Court of Colombia

William Bourdon, lawyer registered with the Paris Bar

Pablo Cáceres, former president of the Colombian Supreme Court

Alberto Costa, Lawyer, Former Minister of Justice of Portugal

Herta Daubler-Gmelin, lawyer, former Minister of Justice of Germany

Luigi Ferrajoli, Professor Emeritus of Law, Rome Three University

Baltasar Garzón, lawyer registered with the Madrid Order

António Marinho e Pinto, lawyer, former president (president) of the Portuguese Bar Association

Christophe Marchand, lawyer registered with the Brussels Order

Jean-Pierre Mignard, lawyer registered with the Paris Bar

Eduardo Montealegre, former president of the Constitutional Court of Colombia

Philippe Texier, Former Judge, Honorary Counsel of the Court of Cassassan of France, Former President of the United Nations Economic and Social Council 

Diego Valadés, Former Judge of the Supreme Court of Justice of Mexico, Former Attorney General of the Republic

Gustavo Zafra, former ad hoc judge of the Inter-American Court of Human Rights

TRF-4 accepts Lula’s request and orders PF to explain visit restrictions

(THIS ARTICLE IS COURTESY OF BRAZIL 247 NEWS)

 

TRF-4 accepts Lula’s request and orders PF to explain visit restrictions

Appeal filed by the defense of former President Lula was accepted by the TRF-4 and the Federal Public Prosecutor and the Federal Police have 48 hours to explain the restrictions imposed on visiting lawyers.

Conjur – The federal court partly accepted former President Lula’s request, given the new visiting rules for his lawyers. Nivaldo Brunoni, summoned judge of the Federal Regional Court of the 4th Region, ordered the Federal Public Prosecutor to provide the requested information within 48 hours. 

Until recently, Lula could meet with his lawyers daily from 9 am to 11:30 am in the morning, and from 2 pm to 5:30 pm in the afternoon, from Monday to Friday. But an internal Federal Police rule decreased contact to one hour a day. 

Lula’s defense, made by lawyers Cristiano Zanin and Valeska Teixeira, from Teixeira e Martins, called for the old scheme to be reinstated. However, the process is stalled, as the Federal Public Prosecutor’s Office requested a list of all Lula’s visitors in order to make an opinion. 

The attorneys filed an HC in the TRF-4 and the summoned judge then ordered the Federal Police to give the MPF the list within 48 hours. 

“I defend the injunction to order that the court of First Instance give impetus to the case within 48 hours, in order to urge the police authority to provide the information required by the Federal Prosecutor to later decide as it sees fit,” he said. the judge in the decision.

Brazil: Folha detonates Moro in editorial and speaks of attack on PF autonomy

(THIS ARTICLE IS COURTESY OF BRAZIL 247 NEWS)

 

Folha detonates Moro in editorial and speaks of attack on PF autonomy

“In seeking information about a confidential investigation and using it to spread premature conclusions and confuse the public, the justice minister disrespects this autonomy, undermines police work and compromises what should be his sole purpose – clarifying the facts,” he points out. the text

(Photo: (Photo: Pedro França / Senate Agency))

247 – Editorial Folha de S. Paulo on Saturday shows perplexity with recent movements of the minister Sergio Moro, who got privileged access to sensitive information of the Federal Police and even talked to destroy evidence. “They cause terror movements Justice Minister Sergio Moro, amid investigations of hacker attacks to your cell phone and other authorities,” says the text .

“Moro’s actions may seem understandable to many, considering the damage caused by spreading the messages to his reputation and the evidence that the attack was indeed far reaching. However, they represent unjustifiable intrusion into the investigations,” the editorial notes. .

“Although subordinate to the Ministry of Justice, the PF has autonomy to conduct its inquiries, follows strict protocols and is subject to external control mechanisms provided by law. In seeking information about a confidential investigation and using it to disseminate premature findings and confuse The public, the Minister of Justice, disrespects this autonomy, undermines police work, and compromises what should be its sole purpose – clarifying the facts.

Meet the TV 247

Brazil: TRF4 Judge; for less than happened with Moro, the governor of Puerto Rico resigned

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

 

TRF4 judge breaks the silence and recalls that, for less than happened with Moro, the governor of Puerto Rico resigned

“It is impressive that there is no indignation in the legal world with the content, but with the form. Please note that the content was not expressly disputed by those involved, ”says Judge Jorge Anntônio Maurique, who commented on the leaked messages about Sergio Moro’s conduct. “Because of leaked messages to journalists, the governor of Puerto Rico has just resigned. There, it just imported the content. ”

247 – Judge Jorge Antônio Maurique of TRF4 broke the silence prevailing in the legal world about Vaza Jato and said that if true, the leaked content is very bad for those involved. “It is impressive that there is no indignation in the legal world with the content, but with the form. Please note that the content has not been expressly disputed by those involved, ”he said. “Because of leaked messages to journalists, the governor of Puerto Rico has just resigned. There, it just imported the content. ”

The information is from the Dashboard column . Also read Reuters report on the case:

(Reuters) – President Jair Bolsonaro said on Thursday that hackers who attacked his cell phones had lost time and would not find any compromising information or conversation after the Justice Ministry reported that the president’s mobile devices had been targeted by a group. hacker arrested this week by the Federal Police suspected of cyber intrusion.

“I think my phone, since before the election, was not being monitored by anyone would be too childish,” Bolsonaro told reporters after attending a ceremony in Manaus with students who competed at the International Mathematical Olympiad.

“Not only because I am an Army captain who is knowledgeable about intelligence, I have always been careful about strategic information, it is not passed on by telephone. So I’m not at all worried. If anything leaks here from my phone you will find nothing to compromise. For example, what we are dealing with other heads of state regarding Venezuela, the strategic issues for Brazil, this is discussed in person in our cabinet. They lost time with me, ”he added.

Shortly after, in a Twitter post, Bolsonaro said he was informed by the Federal Police and the Ministry of Justice and Public Security for national security that his cell phones had been hacked by hackers arrested by the PF, and said it was a “ serious attack against Brazil and its institutions. ”

The president called for those responsible to be “harshly punished” and stated that “Brazil is no longer land without law.”

The Ministry of Justice and Public Safety had earlier reported that it had been reported by the PF that the president’s cell phones had been the target of attacks by the hacking group arrested on Tuesday by PF, and that the fact had been “properly reported to the PF”. President”.

According to the Presidential Institutional Security Office (GSI), the case will be investigated by an inquiry by the Federal Police.

The GSI also reported that it makes available to the federal government a mobile device with its own technology from the Brazilian Intelligence Agency (Abin), and the authorities have to choose the equipment, which has voice call functions and exchange of messages and files encrypted with state algorithms, without allowing commercial applications to be installed.

According to the Federal Police, the president’s cell phones were attacked by the same group, made up of at least three men and one woman, suspected of having carried out cyber attacks on the mobile phones of authorities, including Justice Minister Sergio Moro. The four were arrested on Tuesday. [NL2N24P127]

Members of the PF participating in the investigations said that in search and seizure operations carried out with the arrests on Tuesday, it was found that 1,000 phone numbers may have been targeted by cyber attacks on suspects.

According to PF, hackers may also have hacked into the cell phone of Economy Minister Paulo Guedes, whose office said this week that it had been hacked. [nL2N24O05Y]

The arrests of the suspects took place in Sao Paulo, Araraquara (SP) and Ribeirão Preto (SP), according to Judge Vallisney Oliveira’s decision of the 10th Federal Court of the Federal District to arrest the suspects for five days.

Just My Chatter For The Day About Court Judges

Just My Chatter For The Day About Court Judges

 

My first thought is, damn what a job, no thank you! I noticed in the news a few moments ago about Our Newest United States Supreme Court Justice Mr. Kavanaugh. The article was from ‘The Hill’ about Mr. Kavanaugh having issued his first Decision while on The Bench.

First I would like to say Howdy Judge to this Very Honorable Position you find yourself in. Now this note is to all of you folks who find yourself sitting on a position where you are required to sit in Judgement.  I am thankful that I sit on no judgement seats. I pray that I will never be forced to toward another.

 

Well, what do you think about a person who is a Judge or aspires to become a Judge? I think that this is a Hugely difficult job to be put in charge of, or even a job anyone would want. I would not want to be anyones judge. What I honestly care less about is if a Judge carries an (R) or a (D) with their name as it seems it is a necessary evil at this moment. What I want from a Sitting Judge is for them to be honest to their Constitutional Beliefs. I just want Judge Kavanaugh to be Pro U.S. Constitution.

Again, I am so glad that I do not have to be a Judge.

How Somali Immigrants Are Revitalizing Main Street America

(THIS ARTICLE IS COURTESY OF NBC NEWS)

DEC 1 2016, 9:10 AM ET

How Somali Immigrants Are Revitalizing Small towns Main Street America

There’s a mom and pop grocery store in Willmar, Minnesota that carries a few items you won’t find in the freezer aisle at any Wal-Mart. Like cubed camel meat.

“We chopped it and we weigh it. You can’t get it anywhere except us,” said Abdilahi Omar. He’s the owner of Ainu Shams Grocery, which also sells goat meat, ghee, and Ethiopian flatbread.

In recent years, the arrival of thousands of Somali immigrants from East Africa has reshaped the Main Street in this tiny agricultural town and many more throughout the state. These refugees are opening businesses in once empty storefronts and introducing their customs to new customers in places once only found in America’s inner cities, where newcomers like these have traditionally settled upon arrival.

Owner of Ainu Shams Grocery in Downtown Willmar, Abdilahi Omar, 43, plans to expand his Somali imports grocery to a larger space. Ken Smith

“If you want to know what Minnesota will look like in 20 years, go to Willmar,” said Ken Warner, President of the town’s Chamber of Commerce.

Redefining the Demographic

On two square blocks along Litchfield Avenue, Willmar’s otherwise sleepy main street, Somali women run errands while talking on cell phones tucked into their hijabs and men in traditional hats called kufi sip coffee at a local café called Bihi’s.

According to the Minnesota State Census, the official Somali population here is 1,500 — though informal estimates put that number at over 2,000. Combined with the city’s Latino population, the two groups now make up close to 25 percent of Willmar’s population, which is still dominated by farmers of Swedish and Norwegian origin.

The days of family farms have passed here. Many of the large agribusinesses that have since taken their place now depend on immigrant labor.

From Civil War to Jennie-O

The first wave of Somalis came to Minnesota as refugees in the 1990s after the outbreak of civil war in their homeland. After settling in the Twin Cities, many moved to Willmar, where they found work at the local Hormel-owned Jennie-O turkey processing plant.

Today over 20 businesses in and around Main Street are Somali-owned. Many of those have used community-based financing which complies with Islamic law prohibiting the collection or payment of interest.

Despite religious and cultural differences, there are many things these Somali immigrants share with their neighbors, said Abdirizak Mahboub, a local entrepreneur here.

“We speak the language. We are God-loving people, you know, in our own perspective. We work hard,” said Mahboub, 56, who owns an interpreting agency that employs over 30 translators and interpreters and has contracts with area hospitals, courts, and law firms.

On his desk, Mahboub displays photos of his two children, both of whom grew up here and graduated from Willmar High. Without the children of immigrants like Mahboub, Willmar’s school district would have had a net loss of over 1,000 students in the school system. Now, the children of Somali and Latino immigrants represent 50 percent of the district’s population.

“That is our future. We need to embrace the diversity that will be coming in our future workforce,” said Aaron Backman, the director of Willmar’s Economic Development Commission.

Related: Trump Immigration Adviser Wrote the Book on Muslim Registry

No one is pretending that assimilation has come easy here. But there are signs that Willmar’s youngest residents are embracing both cultures. Step inside the Somali Star Restaurant and you might meet Hassan Yusuf, the 8-year-old son of owner, Bashir. Ask him his favorite food, and he won’t say camel meat.

“McDonald’s,” he says with a smile.

His proud father patted his boy on the head — and winced, just a little bit.

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