For Lula lawyer, Live became a 'judge prosecutor’according Zanin, Moro has determined an excessive number of measures against the former president.
The criminalist Cristiano Zanin, former President Lula lawyer, says in an interview to Folha that the judge Sergio Moro, responsible for Lava Jato, has become a “accuser judge” and lost impartiality to take care of inquiries about the PT.
according Zanin, Moro has determined an excessive number of measures against the former president and has already indicated in the calculation one “value judgment” unfavorable Lula.
Wanted, the judge said it would not manifest.
Former President Lula does not occupy public office at the time. Like this, investigations about him in Lava jet must be held in the first instance?
Cristiano Zanin – In principle, any matter that relates to the former president should be brought to a court of first degree. however, that does not mean it should be brought to the judge Sergio Moro. We do not recognize the jurisdiction of Moro, either because the issues that were brought to him about the former president have no relationship to Curitiba, either because there is no concrete evidence that can link these issues to Petrobras and, therefore, the Lava Jato. Another aspect is that the attorney general's office asked the former president to be included in an investigation that is moving in the Supreme Court. We understand that, if the Attorney General made this request, it is not possible to have both a research on the same fact being processed in the Supreme and in the first degree.
But the investigation requested by the Attorney General is not on the issue of an alleged attempt of obstruction of justice, different from the calculations for the site Atibaia and triplex in Guaruja?
No, The attorney general also asked that the former president was included in the call “survey mother” Lava Jato [on corruption in the Brazilian political system]. So, in our view, when he made the application, He led all questions to the Supreme.
The defense asked the Supreme Court that the wiretaps involving former President Lula and people with venue prerogative, as senators and deputies, They can not be used by the judge Moro. But if the research has targeted people with no forum for these prerogative tapping can not be used as evidence?
You are not just talking about a test, but conversations that have suffered value judgment on the part of both the judge of first degree as of the Republic prosecutors, assigning these conversations a valuation with criminal relevance. So, if they were merely evidence, then his reasoning would be correct.
But, from the moment that there were already legal rating, her to try to extract a try, in theory, obstruction to justice, then this valuation excludes the matter for the judge of first instance.
In a letter sent by the judge Moro to the Supreme Court on 29 March, the judge did 12 charges against former President Lula and the people who participated in the telephone conversations. At this moment, the judge leaves the figure of the impartial judge and accuser becomes a judge, Figure incompatible with the constitutional guarantees of due process.
These statements made by Moro judge in the office do not fit the explanation that a judge usually has a higher court to justify measures?
Many countries adopt the criterion of division between the investigating judge [who looks after the research phase] and the judge will make the judgment. In Brazil we do not have it, what is already a complicated situation. When a judge defers too many precautionary measures, it is clear that it is contaminated with the decisions taken. Excess unjustified interim measures is already a impartiality loss indicative. This was the investigation course. The judge made a value judgment when deciding the precautionary and provide information to the Supreme.