Lava Jato: Court reverses annulment of Cabral’s sentence – 05/15/2023 – Power

The TRF-4 (Federal Regional Court of the 4th Region) reversed a decision that had annulled the sentence of the former governor of Rio Sérgio Cabral in Lava Jato based on hacked dialogues of authorities of the operation.

In an order last Thursday (11), judge Carlos Eduardo Thompson Flores, of the second instance, considered that the magistrate who annulled the conviction, Eduardo Appio, could not have dispatched the case without first responding to questions about his impartiality that had been raised. previously registered.

Appio had annulled on the last day 2 the sentence handed down in 2017 against Cabral by the then judge Sergio Moro, now a senator for União Brasil-PR.

On the occasion, the magistrate, now responsible for the Federal Court where Lava Jato cases are processed in Paraná, agreed with the request of Cabral’s defense to consider Moro’s performance in the process as partial, based on the messages exchanged in the Telegram application with the former prosecutor. Deltan Dallagnol, currently federal deputy for Podemos-PR.

The Federal Public Prosecutor’s Office then appealed, stating that Appio would be prevented from dispatching in this process due to a second instance decision issued in April.

That month, the regional court determined that the judge of first instance should stop acting in cases of the operation in which exceptions of suspicion had been filed against him.

The exceptions of suspicion are requests made by the parties for the judge to declare himself prevented from trying a certain case. If you reject the request, the request is evaluated by the second instance.

In Appio’s case, TRF-4 considered that he was overdue for responding to these requests.

In last Thursday’s decision, which is provisional, Thompson Flores said that Appio “disregarded the court’s decision” by dispatching Cabral’s case.

In a request made on March 8, prosecutor Carolina Bonfadini de Sá asked the judge of first instance to declare himself a suspect for acting in Lava Jato because, according to her, he had issued political and ideological opinions regarding the operation, among other reasons.

Appio has always rejected statements of this type and has said that nothing prevents him from judging the operation’s processes.

He assumed the position of holder of the Federal Court of Curitiba in February. That month, in an interview with Sheetmade a series of criticisms of the work of former authorities in the operation, such as saying that some moments of the investigation were “worthy of a slapstick comedy”.