Renan Calheiros calls the judge partial and asks for action by the CNJ

the senator Renan Calheiros (MDB-AL) presented, this Monday (17), a disciplinary complaint in the National Council of Justice (CNJ) against the judge Marcelo Malucelli, of the Federal Regional Court of the 4th Region (TRF4). Last week, a decision by the judge was at the center of a controversy involving the lawyer Rodrigo Tacla Duraninvestigated in Operation Lava Jato, which has been accusing Senator Sergio Moro (União-PR) and deputy Deltan Dallagnol (We can-PR) extortion.

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In a Twitter post, Calheiros cited the fact that Malucelli was the father of Moro’s partner in a law firm – which led the national justice inspector, Minister Luis Felipe Salomão, to ask for more clarification from the judge. “Justice cannot be manipulated in the name of personal interests”, said the MDB senator.

For Renan Calheiros, the judge is partial

In the complaint, Calheiros also cites the fact that it was Malucelli who determined the release of money changer Alberto Yousseff, overturning a decision by the 13th Federal Court of Curitiba. The proximity to Moro and the release of one of the main Lava Jato whistleblowers, for the MDB senator, are signs of the magistrate’s partiality.

“Partial is the Defendant judge who, in order to benefit his own son and his partner, Senator Sérgio Moro, in the face of the possibility of acts, words, actions and testimonies of a person who would testify, would present accusations against his son’s partner (the former judge and now Senator Sérgio Moro), ignores the most common rules of the judiciary, such as the duty of impartiality to, even usurping the jurisdiction established by the STF, order the arrest of Mr. Organization of the National Judiciary and the Federal Constitution”, points out Calheiros, in the complaint.

understand the controversy

Last Thursday (13th) the TRF4 published on its official website a note about the reestablishment of the prison of Tacla Duran, which had been revoked at the beginning of the month by Judge Eduardo Appio, holder of the 13th Federal Court of Curitiba who is in charge of of Operation Lava Jato processes. The re-establishment of the prison, the note stated, had been carried out by means of a decision by Malucelli.

A short time later, the post was deleted, and the next day a new court note was published acknowledging that there had been an error in disclosing the information. “The decision of the judge-rapporteur was limited to revoking the decision rendered in the first degree, because he understood that it was contrary to the determination of the Federal Supreme Court, since the questioned decision was handed down after the manifestation of the said Court. The decision taken in the Partial Correction, moreover, did not decree any arrest, even because this measure was not even requested or was under discussion in the referred procedure”, says the new note.