In a new phase of Lava Jato, Live defends need for preventive arrestsThe magistrate's position occurs after STF ministers have recently expressed on the subject.
In the order that authorized the 38th stage of Lava Jato, effective today (23) Federal Police, Federal Judge Sergio Moro devoted at least five paragraphs to make a defense of pretrial detention that has decreed against persons investigated in operation.
By claiming "risk to public order" to authorize the precautionary measure against Jorge Light and Light Bruno suspects, Moro compared the case to the two other people arrested in the operation, stating that "only remand was able to terminate their criminal careers".
"Although precautionary arrests enacted during Operation Lava Jato punctually receive criticism, The fact is that, if corruption is systemic and deep, imposes a remand to Debela it, otherwise progressive worsening of the criminal framework ", he wrote Moro.
For the federal judge, determine custody in a corruption framework and systemic money laundering is not a heterodoxy, but a normal application of Article 312 criminal procedural law.
"Like this, Exceptional is not the precautionary prison, but the degree of deterioration of public affairs revealed by the processes in Operation Lava Jato, with losses already made about R $ 6 billion only by Petrobras, and the possibility, second ongoing investigations in the Supreme Court (STF), that the deviations have been used to pay bribes to dozens of lawmakers, undermining the very quality of our democracy. "
The magistrate's position occurs after STF ministers have recently expressed on the subject. Last week, Celso de Mello and Marcus Aurelius made questions about the long-term use of this type of precautionary measure.
The observations were made during the trial in plenary of a request for release of Eduardo Cunha, detained since last October in Curitiba. nevertheless, Ministers denied the appeal of former deputy, which was held captive.
In the beginning of the month, on trial in the Second Panel, collegiality of the Supreme Court that is appreciated most of the issues related to Lava Jato, Minister Gilmar Mendes said that the Court has "an appointment with the elongated prisons that are determined in Curitiba. We have to position ourselves on this issue that conflicts with the jurisprudence that we have developed over the years”.
In the order issued on Thursday, Moro recalled that, despite the "general criticism of the pretrial detention", there are currently "only" seven people without condemnation in this condition within the Lava Jato.
The 38th stage of Lava Jato, called Operation Blackout, triggered today (23) Federal Police, indicates that the lobbyist Jorge Luz and her son, Bruno Luz, intermediaram o pagamento de US$ 40 million in bribes over ten years, resources that would have been diverted from Petrobras contracts. The two had ordered the remand, but the warrants were not met because they are in the United States.