Judge Eduardo Appio presented this Wednesday (7th) a new argument to the National Inspector of Justice, Luis Felipe Salomão, asking him to suspend the injunction that removed him from the 13th Federal Court of Curitiba, responsible for the processes of Operation Lava Jato .
The judge’s defense cites a report on the Jornal GGN website that published messages from Lava Jato members. The conversations show an alleged proximity between prosecutors, judges, judges and federal police in the operation.
Before being temporarily removed from his duties, Appio occupied the chair that was once held by former judge and now senator Sergio Moro (União Brasil-PR). According to the report cited in the request, the judge Marcelo Malucelli would have articulated directly for Moro’s vacancy to be occupied by judge Luiz Antonio Bonat.
Appio’s defense argues that he was “removed from the exercise of the jurisdictional function not for having, in theory, committed any disciplinary infraction, but for representing a critical counterpoint to the intended succession in the 13th Federal Court of Curitiba”.
“That is, the petitioner [Appio] it was not, by far, the desired one. It was necessary to eliminate the counterpoint. And this occurred through the exercise of a disciplinary duty-power biased in its purpose”, continues the request.
The TRF-4 (Federal Regional Court of the 4th Region) investigates an alleged threat that the judge would have made to the judge Marcelo Malucelli.
He would have called João Eduardo Barreto Malucelli, son of the magistrate, pretending to be someone else and requesting information about his father. Appio denies that he made the call.
Judge Malucelli had become the target of criticism for ordering the arrest of former Odebrecht lawyer Rodrigo Tacla Duran, who is disaffected by Sergio Moro.
The caveats to the measure arose because Malucelli’s son, João Eduardo Barreto Malucelli, is a partner in Moro’s law firm and the senator’s wife, federal deputy Rosângela Moro (União Brasil-SP).
Appio was temporarily removed from his duties on the 22nd in a preliminary procedure opened by the special administrative court of the TRF-4. The recording was the main evidence analyzed.
In the request sent to the National Inspector of Justice, the defense also says that the special administrative court of the court “does not meet the necessary conditions to promote due process of law, as well as the fair trial of the petitioner [Appio]insofar as severely compromised in its impartiality”.
The judge is represented by lawyers Pedro Serrano, Rafael Valim, Anderson Bonfim, Gustavo de Carvalho, Juliana Serrano and Walfrido Warde.
with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH
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