Janot asks the Supreme Paulo Bernardo prison

The arrest of the former minister was repealed on 29 of June, serving defense request.
03/08/2016 15h01 - Updated 3/08/2016 18h11
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The Attorney General of the Republic, Rodrigo Janot, appealed to the Supreme Court (STF) against the decision of Dias Toffoli Minister to revoke the arrest of the former Minister of Planning Paulo Bernardo. In a document delivered yesterday (2), Janot asks the Toffoli decision be reconsidered. If the decision is maintained, Attorney defends the action to be taken for consideration of the Second Supreme Court Panel.

The arrest of the former minister was repealed on 29 of June, serving defense request. Paul Bernardo was arrested during Operation Cost Brazil's Federal Police, a breakdown of Lava Jato.

Janot states that "there was a violation of due process" , in determining Toffoli, which anticipated a decision against an act of first degree justice. Not text, the prosecutor contends that the action should have been taken to other instances, before reaching the Supreme Court, and recalls earlier cases, similar to Paul Bernardo, in which the minister denied requests.

"As it turns out plan, the decision now compounded was even subjected to a monocratic decision of the court [Regional Federal Tibunal (TRF) the 3rd Region], much less the collegiality that Court. It was also not subject to decision, monocratic or collegiate STJ [Superior Court]. Regardless of, the injunction was granted in full mismatch to previous very recent and unison perfilhados the rapporteur himself [Toffoli], as indicated above ", the text says.

Janot still ressakta that, in previous cases, the minister argued that the complaint, type of action used by the defense Paulo Bernardo, It could not be used to "distort the appeal system". "The eminent rapporteur - rightly - have already decided - in the former case, published just over a month - about the impossibility of use of the claim as a way to undermine the appeal system, allowing up, per saltum [hopping], the examination by the Supreme Court of questions that should be initially examined by ordinary means and their degrees.”

According to the prosecutor, to judge the action taken by the defense to STF, Minister Dias Toffoli recognized the silly that action and, even so, He decided to revoke the arrest of the former Minister of Planning. Janot also pointed out that it was legitimate research done during search and seizure in the apartment where live the former minister and his wife, Senator Gleisi Hoffmann (PT-PR).

On Monday (1º), the Federal Public Ministry (MPF) He denounced to justice the former minister and more 19 people. Paul Bernardo was denounced for the crimes of criminal organization, passive corruption and money laundering. He is accused of receiving funds from a fraud scheme in the contract for management of payroll loans in the Ministry of Planning. If the complaint is received, the former minister becomes the defendant in the action.

Source: Agency Brazil

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