The PGR Rodrigo Janot recommends the Supreme Court nullify Lula's appointment to the Civil HouseAttorney sees purpose of diversion of evidence to disrupt investigations.
The Attorney General of the Republic, Rodrigo Janot, He recommended to the Supreme Court (STF) the annulment of the appointment of former President Luiz Inacio Lula da Silva for the House. in an opinion, the prosecutor said see elements “misuse of purpose” President Dilma Rousseff in choosing the PT candidate to take over the ministry, I would intend to disrupt the investigation of Operation Lava Jato.
The document was sent to the Supreme Court to instruct two actions under reported by Gilmar Mendes, what, no last day 18 March, Lula suspended the appointment. With the opinion of the PGR, the minister may now take the case to a final decision of the Court plenary, formed by 11 ministers. Mendes had already announced that once he got the manifestation he would ask trial date.
not appear, Janot considered be "strongly unusual performance" of the Presidency on appointment. “The time of appointment, unexpected anticipation of possession
and the very unusual circumstances of referral of a deed of not regarded to his residence reinforce the purpose of diversion of perception”, wrote.
The prosecutor refers to the authorized recording and released by Judge Sergio Moro a conversation between Lula and Dilma on the eve of inauguration. I do not dialogue, President Lula says he would send a 'proper term ", only to be used "if necessary". Investigators suspect that the document was sent in haste, along with the appointment in extra edition of the "Official Gazette", to avoid possible arrest of the former president by Judge Sergio Moro, which could set up Justice obstruction of crime.
to Janot, despite appearing legality, the act could prove misuse of purpose, that is when an authority takes decision under its jurisdiction, but seeking different purpose than provided by law.
"The appointment decree, only under formal perspective, It contains no addiction. Is of the appearance of legality. There is, However, it is established that the administrative act was committed with the purpose of deviation - since this is the core foundation of impetrações -, and act tainted by misuse of power almost always bears the appearance of legality, because the deviation works by concealing the real intentions agent who practices ", says look excerpt.
In late March, the prosecutor had sent another opinion, in the PSDB and PSB actions, opining in favor of the appointment to be a private act of the President of the Republic, but suggesting that Lula's case was tried in the first instance. These actions were filed by the Minister Teori Zavascki.