Defense asks for freedom of Eduardo Cunha to court in Porto AlegreCunha was remanded in custody on 19, in Brasilia, Federal Police (PF), and taken to the Superintendency of PF.
The defense of the impeached Deputy Eduardo Cunha filed a request for freedom in the Federal Regional Court of the 4th region (TRF4), in Porto Alegre. The request was delivered today (24) and the defense requests that an injunction be granted to suspend the effects of custody Cunha.
Eduardo Cunha was remanded in custody on 19, in Brasilia, Federal Police (PF), and taken to the Superintendency of PF, in Curitiba. In the lawsuit requesting the freedom of former Speaker of the House of Representatives, lawyers rebut the arguments used by federal prosecutors to ask for jail.
The defense maintains that Cunha was responding to a case in the Supreme Court (STF) and that a previous application for jail, made by the Attorney General's Office (PGR), He was denied by the Minister Teori Zavascki. For the defense, the current arrest of the former deputy affront what was decided by the Supreme Court and that there were no new facts to justify the detention.
"In fact, the grounds used to order the preventive detention of the patient, with due reverence, They are exactly the same as, previously, They were considered insufficient by the Supreme Court for approval of identical request for provisional arrest. No, moreover, news that, while remaining loose, had the patient furtado criminal proceedings, relapsed into criminal behavior or other tried to take flight ", says action.
Another claim of the defense is that by decreeing prison, Judge Sergio Moro does not indicate "any conduct patient [Cunha] which has hindered investigations developed in the process which is being processed before the 13th Federal Court of Curitiba / PR ".
"Moreover, in prison decree, not conduct any recounts investigated the main survey through which it can be said that freedom of the accused would endanger public order, the application of criminal law, or procedural instruction ", says defense.
Among the arguments used to justify the wedge arrest request, the prosecutors of Task Force Lava Jato said that freedom of former deputy represented risk to investigations. According to prosecutors, there is evidence that Cunha has other accounts abroad and these have not yet been identified.
In the decision which allowed the arrest of the former deputy, Live argues that while it is not done the full crawl, "There is risk of proceeds of crime dissipation, thus disrupting their recovery ". For the defense of Mr impeached, the arrest decree to prevent the dissipation of assets has no legal provision and that other measures could be used.
The defense also rejected the claim of the MPF that Cunha could flee the country, since it has dual nationality. "Similarly, the so-just because the patient has dual citizenship is not circumstance able to authorize the use of serious measure of remand. It is a fact that combated court decision brought no concrete evidence that the patient evadiria the country ", says defense.
In addition to the request for freedom injunction, the defense Cunha also asks, the merits of the action, the annulment of the prison and the former deputy responds process and freedom.