Dilma defense expects absolution if impeachment trial is "fair"second Cardozo, the evidence presented drop arguments that the PT has committed the crime of responsibility in so-called tax pedaling.
After delivering the final arguments of the defense away from President Dilma Rousseff in suing the Impeachment Committee in the Senate, former Minister José Eduardo Cardozo said he believed, Although the process is political, Dilma will be acquitted if there is a "fair trial". second Cardozo, the evidence presented drop arguments that the PT has committed the crime of responsibility in so-called tax pedaling.
"If it is a political judgment, fairer, I have no doubt that the absolution is clear. By the way, the evidence that was put burst open to the indictment. There is no way to say that in the case of decrees [of supplemental budget] has illegality and, if illegal, has no guile. The same occurs in the Harvest Plan: It has no act of President. If you take all witnesses [defense], they show that there is no way to keep standing this accusation. Therefore, if a fair trial, same political, we absolution ", assessed the lawyer.
Cardozo said he joined in the closing arguments the prosecutor's decision of the Federal Prosecutor Ivan Claudio Marx, who requested the investigation opened filing to determine whether there was Dilma crime in claims involving public banks operations, calls tax pedaling. The prosecutor concluded that there was no lending operations without legislative authorization.
The position contrary opinion of the Federal Audit Court (TCU) who recommended the rejection of Dilma accounts 2015, used as the basis for impeachment presented by lawyers Bicudo, Miguel Reale Jr. and Janaina Paschoal. "What the prosecutor [Ivan Marx] It says is exactly the thesis that we have advocated from the beginning. The decision shows that the position of the TCU is isolated. lawyer, Prosecutors and administration technicians are with us ", said the former minister.
second Cardozo, even if legal disputes, Dilma can not be convicted on the predominant position that there was no crime in cycling. "At best, there is a legal dispute where, the issue of cycling, most are us the interpretive point of view. We respect the other direction, but what can not understand is that someone is convicted of a position, actually, expressed most technical, lawyers and that has always been so ", he added.
Abuse of power
The former minister said he used to defend the president rejected the argument that there was misuse of power in the initiation of the impediment process. both, used lines of Senator Romero Juca (PMDB-RR), the Rose de Freitas Senator (PMDB-ES) and former president of the Chamber of Deputies Eduardo Cunha (PMDB-RJ).
Juca appears in winning tipoff recordings of former president of Transpetro Sérgio Machado, stating that a "change" in the federal government result in a pact to "stop the bleeding" represented by Operation Lava Jato. Already Rose de Freitas senator said in a radio interview that "there was this business of pedaling, none of that ", in reference to the charges against Dilma.
For Cunha, Cardozo used stretch of his interview on the day he resigned as chairman of the House. In this ocasion, Cunha said that the acceptance of the impeachment request was the hallmark of his tenure in charge of the House. “[These statements are] to show that has no basis for impeachment and the reason is purely political, that there is no foundation ", Cardozo argued.
The defense also asked the rapporteur process of suspicion in commission, Senator Antonio Anastasia (PSDB-MG), by being of the same party of Miguel Reale Jr., and also Janaína Paschoal lawyer to have received fees of R $ 45 thousand of the PSDB to draw up an opinion on impeachment for party.
Despite claiming that relies on claims by the defense, Cardozo recognized that the climate in the impeachment committee is adverse for Dilma.
The president rejected the lawyer also used in closing arguments a decision of the International Tribunal for Democracy that declared the impeachment of Rousseff violates the Constitution of Brazil, the Inter-American Convention on Human Rights and the International Covenant on Civil and Political Rights.
Symbolic character, the decision was made by jurists from different countries, like the United States, Argentina, Colombia, France, among others. They met for two days in Rio de Janeiro, an initiative of the Via Campesina International, Brazil's Popular Front and the Front for Democracy Brazil Jurists. "The opening of the piece is with the statement that sentence which clearly states that the two charges against Dilma are unfounded, that the Brazilian Constitution is being disrespected, and that, therefore, to consummate a situation such, we will have a democratic break in Brazil ", said.
second Cardozo, the final statements have been prepared on the basis of legal and political assessment. The former minister reiterated that, if the impeachment Dilma prospers, there will be an institutional coup in Brazil. "The consummate a process with these characteristics, there is a constitutional breach, there is a coup. We say textually and for those who are amazed at this position, we join the current position of the Advocate General of the Union, Fabio Osorio Medina, a year ago, He gave an interview saying, though for other reasons, that there was no constitutional basis Dilma's impeachment would be a blow, an institutional coup the expression he uses, and is the same expression that we use ", highlighted.
Cardozo said that does not rule out the possibility of appeal to the Supreme Court to try the annulment process, if it is approved in the Senate, but this would be a last resort. "Do not pull away this hypothesis, It is a question that is placed. It is a right of those who feel aggrieved. Of course we understand that our rights, the rights of the President, the rights of those who elected them and that Brazilian democracy is being flouted ", said.
The closing arguments of the defense of Dilma Rousseff will now be analyzed by the rapporteur of the case, Senator Antonio Anastasia, which should present its opinion on the case until the day 2 of August, when the report is read in suing the Impeachment Commission.