06/07/2016 13h54 - Updated 6/07/2016 13h54

Teori denies request and has with Moro investigation against Cunha wife and daughter

Cunha defense made a request that the investigation made against the wife and daughter of Parliament was sent to Supreme Court.
Photo: reproduction
Photo: reproduction

Minister of the Supreme Court (STF), Teori Zavascki, He rejected a request made by the defense of the president away from the House of Representatives, Eduardo Cunha (PMDB-RJ), to the investigation made against the wife and daughter of the parliamentary, in progress at the 13th Federal Court in Curitiba, was sent to Supreme Court. no day 15 March, Minister Teori Zavascki met a request from the Attorney General's Office (PGR) and dismembered research, leaving in the Supreme only of the investigation of the wedge.

in action, taken to the STF, the defense claims that Cunha was usurping the jurisdiction of the Court. For lawyers, research has to do with an investigation pending in the Supreme Court, which deals with accounts in Switzerland who allegedly belong to Cunha.

The defense argues that, in testimony, both the daughter of the parliamentary, Danielle Cunha, as his wife, Claudia Cruz, They cited the name several times parliamentary. For lawyers, the fact shows the relationship with the process that is in the Supreme Court and it is not possible that research is dismembered. The defense requests that the case be suspended in the first instance and sent to the STF.

in the decision, with the date of the last day 30, Teori Zavascki says the fact that the wedge being accused on the testimony does not constitute usurpation of the Supreme Court's jurisdiction, since the testimony occurred after the break. The minister also said that the "mere reference to crimes allegedly committed by the complainant [Cunha]"In the complaint that was offered against Claudia Cruz at first instance and acceptance of the complaint do not constitute “Racing usurpation of the Supreme Court ".

According to Teori, in cases of processes dismembered, "Is common that there, in various judgments, elements related to both the forum prerogative holder as to others involved. However, the existence of this correspondence does not characterize usurpation of competence. On the contrary, the mere mention of the claimant's name in defendant's testimony or investigated, during testimony given to prosecutors, or procedural documents does not characterize the act of investigation, even when prior dismemberment by the Supreme Court, as in the case ".

“(…) The plaintiff has not demonstrated the usurpation, by the respondent authority, the jurisdiction of this Court, considering that acted as the prior break. Based on the foregoing, Following deny the claim ", says Minister, the decision.

other resources
No last day 22, most STF ministers decided to open criminal proceedings against Cunha on receipt of R $ 5 million bribe in undeclared accounts in Switzerland. During the session, the STF Full Bench dismissed an appeal to be removed from the judge Sergio Moro jurisdiction for Danielle Cunha and Claudia Cruz.

Defending Cunha relatives claimed that, despite not having jurisdiction by function prerogative STF, Claudia Cruz and Danielle Cunha, should answer the charges in court, due to the connection of facts.

Source: Agency Brazil

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