Renan Calheiros sues the National Council of Justice against judge father of Moro’s partner – 04/17/2023 – Mônica Bergamo

Senator Renan Calheiros (MDB-AL) called this Monday (17) the National Council of Justice asking for the removal of judge Marcelo Malucelli, from the Federal Regional Court of the 4th Region (TRF4).

The parliamentarian also asks that all decisions signed by Malucelli be suspended and that disciplinary proceedings be instituted against the judge.

Malucelli was responsible for restoring the arrest of lawyer Rodrigo Tacla Duran, appointed by Operation Lava Jato to operate Odebrecht’s illicit money abroad.

Duran returned to the spotlight last month, repeating in an audience that people close to Senator Sergio Moro (União Brasil-PR) tried to extort him – the case is being analyzed under the umbrella of the STF (Federal Supreme Court). The former Lava Jato judge denies the accusations.

In the request, Renan Calheiros points out that Malucelli’s son, João Eduardo, is Moro’s partner at the Wolff & Moro office. He is also the boyfriend of lawyer Júlia Wolff, Moro’s eldest daughter and his wife, federal deputy Rosângela Moro (União Brasil-SP).

Tacla Duran had had the arrests against him revoked by federal judge Eduardo Appio, the new person in charge of Lava Jato processes in Curitiba. In late March, the magistrate added the attorney to the federal protected witness program.

Duran has Spanish citizenship and has lived in Spain since 2016. He had a testimonial scheduled last Friday (14th), at the 13th Federal Court of Curitiba. His return is now uncertain.

“It is evident that the defendant [Marcelo Malucelli] has committed acts of a political nature […] inappropriate, incompatible with the conduct expected of the magistrate, which must be guided by equidistance, exemption and impartiality”, says Renan Calheiros.

It goes on: “There was also a violation of subjective impartiality, since the Respondent’s relationship with his son, a partner in a law firm, of Senator Sérgio Moro and Congresswoman Rosângela Moro, in addition to his romantic relationship with Juliana Wolff, participation in this event reinforces a political position that is antagonistic to the defendant and the political party of which he is the main reference”.

In a letter sent last Wednesday (12) to Malucelli, Judge Appio questions him on how “he should proceed with regard to preventive detention [de Tacla Duran] decreed by Your Excellency (in monocratic and injunction) yesterday afternoon [11 de abril]that is, whether the arrest warrant will be issued by this federal court or by the secretariat of the 8th Criminal Panel of the TRF4”.

Justice Ricardo Lewandowski, who retired this week, understood that the Federal Public Prosecutor’s Office’s accusations against Tacla Duran were based on evidence extracted from Odebrecht’s leniency agreement, which has already been declared invalid.

Judge Appio understands that the prison issue is involved in Malucelli’s decision. By defining the in-person hearing of Tacla Duran on the last day 4, Appio revokes an old decision, signed in May 2022 by the then Lava Jato judge, Luiz Antonio Bonat, who rejected a safe conduct for Tacla Duran.

That is, in practice, understood Appio, Malucelli would be reinstating the decision of May 2022 that rejected the safe conduct of Tacla Duran.

Sergio Moro has been denying all the accusations made by Tacla Duran. He said that this is a procedure “with false accusations” that should not be processed by the STF because it concerns the period prior to his term in Congress.

_{with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH}

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