Lewandowski opposes Moro and defends mandate at the STF – 04/11/2023 – Power

Justice Ricardo Lewandowski had a discreet exit and without farewells on his last day at the STF (Federal Supreme Court), after 17 years on the court.

On Monday (10), he arrived at his office at around 2 pm and only left close to midnight. According to officials, he didn’t want ceremonies or clean out his drawers. The president of the court, Rosa Weber, paid him a quick visit.

The minister issued at least 20 decisions on Monday, including the one that established the competence of the STF to prosecute the accusations of extortion made by lawyer Rodrigo Tacla Duran against Senator Sergio Moro (União Brasil-PR) and deputy Deltan Dallagnol (Podemos -PR).

He cited an opinion from the PGR (Attorney General of the Republic) which stated that the chronology of the exposed facts points to possible interference by Moro in the judgment of the processes involving Operation Lava Jato – including those involving Tacla Duran.

Moro was a Lava Jato judge and Deltan, coordinator of the operation’s task force.

Lewandowski also determined that the Public Prosecutor’s Office carry out a more detailed analysis of the facts and evaluate any request to initiate an investigation.

Prior to this order, Lewandowski ratified a conciliation agreement between Itaú Unibanco and the state of Paraná involving the electricity company Copel to extinguish a long legal dispute.

The BRL 1.7 billion agreement paves the way for the privatization of the company after an impasse due to a historic debt of more than 20 years related to the former state bank Banestado.

This Tuesday morning (11), the minister participated in a tribute ceremony offered at the Ministry of Education, where he received a commemorative plaque from the holder of the portfolio, Camilo Santana (PT).

On the occasion, he repeated the statement he has been making on his departure, that his replacement on the court will need to respect the Constitution, have courage and withstand pressure – regardless of his gender, color and race.

The most quoted to replace Lewandowski in the STF is lawyer Cristiano Zanin, who acted in the defense of President Luiz Inácio Lula da Silva (PT) in the cases of Operation Lava Jato.

Lewandowski leaves actions sensitive to the government in the drawer. Among them, cases that are of direct interest to the Presidency —such as the one that analyzes obstacles to the appointment of politicians in state-owned companies. In all, there are 245 processes from his report that will go to his successor.

Behind the scenes, the minister’s favorite is his former advisor Manoel Carlos de Almeida Neto, but for now there are no signs from the Presidency that he will be chosen.

In an interview with GloboNews this Tuesday, Lewandowski defended that the country adopt mandates with terms of 10 to 12 years for members of all superior courts. He stated that this has always been his position.

The magistrate also said that this can help to oxygenate the jurisprudence of the superior courts and that the nominations, because they are political and with a determined worldview of the candidate, need a kind of expiration date.

He also stated that the most difficult moment of his career at the STF was the trial of the monthly allowance, of which he was a reviewer. On the occasion, he voted for the acquittal of PT supporters, making counterpoints to the reporting minister, Joaquim Barbosa.

As a result, Lewandowski became the target of street demonstrations against the government of Dilma Rousseff (PT) and was even portrayed in a giant inflatable doll, with mockery questioning his impartiality.

The minister also presided over the impeachment of Dilma in 2016 in the Senate. He denied attempts to stop the process, but heeded the request of the PT’s defense to vote separately on loss of mandate and disqualification from holding public office for eight years. The appeal allowed her to hold positions in public administration.

Lewandowski also left his seat on the TSE (Superior Electoral Court) this Tuesday, an automatic procedure when a minister retires from the STF.

Asked about the actions in this court that could lead to the ineligibility of former president Jair Bolsonaro (PL), the minister said that the processes are not released for trial and, therefore, did not get to look into the cases before retirement.

He added that he was sure the court’s analysis would be technical rather than political. The minister’s vacancy at the TSE will be filled by Kassio Nunes Marques —nominated by the former president.

The most advanced process that could result in Bolsonaro’s ineligibility addresses a meeting promoted by the former president at the Alvorada Palace with ambassadors in July last year. The then president made unproven attacks on the electoral system.

The minister also stated that he was “perplexed” by the revelation of the draft of the state of defense decree found in the residence of Anderson Torres, Bolsonaro’s former Minister of Justice. The document was attached to this action.

“If this is proven, I really think that the legal and legal consequences, you know, will really correspond to the seriousness of this fact”, he said.