Lava Jato: Defense of Eduardo Appio denies that his voice is his – 05/31/2023 – Power

The defense of Judge Eduardo Appio, removed from the Federal Court responsible for the Lava Jato Operation processes in Curitiba, denies that he had called the son of magistrate Marcelo Malucelli and partner of Senator Sergio Moro (União Brasil-PR), João Eduardo Malucelli.

Although the Federal Police’s report points out that the recording “strongly supports the hypothesis” that it is the voice of the removed judge, lawyer Pedro Serrano said that Appio did not make the call.

“We are still going to study what evidence [iremos produzir]but probably an expertise, to prove that it was not the voice [do juiz Appio],” Serrano told Sheetthis Wednesday (31).

In the phone call made in April to lawyer João Eduardo Malucelli, the interlocutor claims to be a servant of Justice and apparently tries to prove the family link with Judge Marcelo Malucelli, at the time still rapporteur for Lava Jato in second instance.

In April, Appio was at odds with the former rapporteur, who had overturned his decisions, including those that met the defense of lawyer and defendant Rodrigo Tacla Duran.

João Eduardo is a partner of Moro and federal deputy Rosangela Moro (União Brasil-SP), at the Wolff Moro Sociedade de Advocacia office. He is also the boyfriend of the couple’s daughter.

The indirect relationship with Sergio Moro was the subject of disputes, and Marcelo Malucelli ended up leaving Lava Jato’s rapporteur.

In an interview with GloboNews on Tuesday (30), lawyer Pedro Serrano also stated that, even when considering the hypothesis that the voice was that of Judge Appio, the dialogue would not reveal a threat. “Regardless of denying it or not, there is no threat in his speech, the interlocutor. What would that be? A prank call? This is not a reason to remove a judge”, he declared.

Appio was temporarily removed from his duties on the 22nd, in a preliminary procedure opened by the special administrative court of the TRF-4 (Federal Regional Court of the 4th Region). The recording was the main evidence analyzed.

Until this Wednesday afternoon, the judge had not yet presented a prior defense within the preliminary procedure opened by the judge and which led to his removal on May 22. He has until June 7 to file the prior defense.

From there, the TRF-4 can initiate a disciplinary administrative proceeding against the judge. At the TRF-4, whose headquarters are in Porto Alegre, the case is in the hands of the regional corregidor Cândido Alfredo Silva Leal Júnior.

So far, Judge Appio’s defense option was to appeal directly to the CNJ (National Council of Justice) magistrate, Luis Felipe Salomão.

Last Friday (26), the judge’s lawyers delivered a petition to Salomão stating that the removal was a “severe and drastic” measure, that he was not heard, that the TRF-4 lacks impartiality to deal with the case and that the matter should go up to the CNJ, in Brasília.

They also defended an extraordinary correction —a kind of audit– in the 13th Federal Court of Curitiba.

Salomão has not yet deliberated on the specific petition presented by the judge, but, on Tuesday (30), he signed an ordinance determining an extraordinary correction in the 13th Court of Curitiba and also in the offices of the magistrates that make up the 8th Panel of the TRF-4, where they are analyzed the Lava Jato processes in the second instance.

A group of magistrates designated by Salomão started the work this Wednesday and Judge Appio was called to be heard. The work runs in secrecy and should end on Friday (2).

To justify the sweep, Salomão said that there are “several disciplinary complaints against the judges and judges” who work in the 13th Court of Curitiba and in the 8th Panel of the TRF4.

This week, a new petition was presented by Judge Appio’s defense to the CNJ. In it, the lawyers insist on the partiality of the TRF-4 and add that the recording of the phone call itself was taken to the court’s internal affairs department with the help of Moro.

“As intensely publicized in the mainstream media, the Honorable Senator Sérgio Fernando Moro explicitly acknowledged that he acted directly on the issues that are the subject of this request for recall”, says an excerpt from the new petition.

On the 23rd, Moro said that he already knew about the recording and that he helped send the case to the court for investigation.

“I found out about this recording, when the call was made, at the time. I found out. I was perplexed, we collected the material and handed it over to the court, which did all the investigation. We distanced ourselves completely, even to avoid any kind of questioning” , said the senator at the time.