Corruption has spread in the country because prison is not a rule, says Sergio MoroTo trigger Operation Abyss, who took former PT treasurer, judge warns that lack of 'more serious measures are likely to cause’ of misdeeds in series.
Federal Judge Sergio Moro, Operation Lava Jato, vigorously defended the need for preventive detention as a tool to curb corruption. For or magistrate, the misdeeds series have become routine in the country because few times were enacted in preventive arrests of the investigated.
"Although the judiciary is the guardian of fundamental freedoms, also it has a duty to protect victims of crime, individuals and the entire society, the reiteration delitiva, celing in a frame, Summary of cognition, severe systemic corruption ", Moro wrote in the order that authorized the Operation Abyss, 31.º unfolding of Lava Jato, that took the former PT treasurer Paulo Ferreira.
"It's possible, by the way, stating that one of the probable causes of the increase and spread of corrupt practices among us has been the failure to take, as a general rule, more serious measures to prevenilas, including probation, when good present proof of authorship and materiality of serious criminal conduct, to prevent criminal reiteration ", He warned the judge.
The Moro words hit the front with the repeated rhetoric of some of the largest and most respected criminologists in the country, lawyers who see 'excesses' of the judiciary since the Lava jet exploded, in March 2014.
Moro is exhaustive. "Exceptional in this case is not the precautionary prison, but the degree of deterioration of public affairs revealed by the processes in Operation Lavajato, with losses already made about six billion reais only by Petrobras and the possibility, second ongoing investigations in the Supreme Court, that the deviations have been used to pay bribes to dozens of lawmakers, undermining the very quality of our democracy. "
To judge the Lava Jato, maintaining Paulo Ferreira in freedom 'also offers a special risk also considering their political activity'.
"Paul Adalberto Alves Ferreira has long political life. Reportedly he participated in the elections organization since 1982, and between 2003 a 2010 held several important positions in the Party structure Workers, including Secretary of Finance 2005 a 2010”, notes Sergio Moro.
The judge Lava Jato points to 'risk society' with Paulo Ferreira loose. "He has also held the office of federal deputy for the Workers' Party of 14 March 2012 a 17 March 2014, in alternate condition. And even today without mandate, you can not say that it has more influence or political power, considering their stay in the party structures and its political history since 1982, and the relevance of the positions that has already exercised, including the Finance Secretary of the Workers Party. But, more than that, despite not having been re-elected to the legislature initiated in 2015, obtained the alternate position, there is risk to society that circumstantially back to exercise federal parliamentary mandate. "
"It is not a remote possibility considering that, recently, this Court was consulted about the possibility that former prisoner of so-called Operation Lava Jato assume parliamentary mandate, as it had before the remand to alternate condition ", He argued the judge.
To Live is 'unacceptable that political agents for which there are serious indications of involvement in crimes against the public administration and money laundering remain in public life without consequences'.
"As money is power and political dominance is competitive, dishonest politicians, to have conditions to rely on criminals resources, They have a comparative advantage over PROBOS ", pondered the magistrate. "If there is no institutional reaction, there is real risk of progressive dominance of criminals in public institutions, with the commitment of the democratic system. "
In evaluating Sergio Moro, 'The correct would be that the very political institutions or their own party structures solve these issues'.
"If this is not the case, unfortunately the necessary intervention of the Judiciary to save society the risk posed by the perpetuation in the public life of the criminal political agent, particularly since there is a possibility that this back, circumstantially, assuming parliamentary mandate. Nothing worse for democracy than a dishonest politician. "
Moro, the fact Ferreiral not exercise the parliamentary term time 'does not eliminate the risk to public order, because besides the probability of return, as alternate, It does not appear that he left public life, also is to emphasize that the proceeds of crime was not recovered and was submitted, in principle, washing sophisticated schemes, serving as a precaution prison to prevent it from being subjected to new concealment and deception operations'.
"The call to public order, is to prevent new crimes, away the unrighteous political public life, whether as a result of gravity of concrete crimes, It is sufficient to justify the enactment of preventive ", said the magistrate.
"Gifts, therefore, not only the conditions of probation, good proof of materiality and authorship, but equally or foundation, risk to public order and criminal reiteration, I grant the request of the Public Prosecutor's Office to order the arrest of Adalberto Alves Paulo Ferreira. "