Sérgio Moro sees risk Authority Abuse Act criminalize judgesBefore starting his presentation on the Criminal Code, Moro asked to make a "brief parenthesis" and a "reflection" on the abuse of authority project.
Judge Sergio Moro, responsible for Operation Lava jet in Federal Court, in Curitiba, again criticized the bill (PL) 280/2015, dealing with crimes of abuse of authority. The judge, the proposal pending in the Senate opens the possibility of criminalizing judges, if they differ in interpreting the law and assessing facts and evidence of a process.
"There is a great concern of the judiciary in relation to the Bill 280, on the abuse of authority, which is being processed in the Senate and may come to the House. No one welcomes any abuse by judge, district Attorney, or police authority. Just what is feared is that the pretext of curbing abuse of authority be criminalized the interpretation of the law ", the judge said.
Moro attended a public hearing in the special committee of the Penal Code, the House of Representatives. Beside the judge Silvio Rocha, the 10th Criminal Court of the State Court of São Paulo, Moro was invited by parliamentarians to talk about the fight against organized crime, among other issues related to the proposals for changes in the rules of criminal law. Before starting his presentation on the Criminal Code, Moro asked to make a "brief parenthesis" and a "reflection" on the abuse of authority project. The judge argued that the project in Congress make it clear that the divergence in interpretation of the law should not be considered a crime, so that judges can act with more independence.
"If not adopted a clear and unambiguous safeguards regarding, the great fear is that the judges start to be afraid to make decisions which might hurt special interests or involving political and economically powerful. If threatens the independence of the judiciary, It is the first step to jeopardize our fundamental freedoms ", completed.
The judge came to Congress under tight security and without speaking to the press.