Tacla Duran points out impediment of Lava Jato’s rapporteur – 04/28/2023 – Power

Lawyer Rodrigo Tacla Duran asked this Friday (28) at the TRF-4 (Federal Regional Court of the 4th Region) that federal judge Loraci Flores de Lima declare himself unable to act in proceedings arising from Operation Lava Jato.

Defendant accused of money laundering, Tacla Duran points out in a petition that the magistrate is the brother of Federal Police chief Luciano Flores de Lima, who acted in the investigations of the Petrobras corruption scandal.

Tacla Duran cites a rule provided for in Article 252 of the Code of Criminal Procedure. The passage says that the “judge cannot exercise jurisdiction in the process in which his spouse or relative, consanguineous or similar, in a direct or collateral line up to the third degree, including, as defender or lawyer, Public Prosecutor’s Office, police authority , legal assistant or expert”.

When contacted, the TRF-4 advisory reported that Loraci Flores de Lima “does not wish to speak out, that she will only do so in the records”. The report also sought the PF, but had no response until the publication of the report.

Loraci Flores de Lima took over the rapporteurship in the regional court of Lava Jato cases – that is, he is the first magistrate to analyze appeals and appeals from the operation in the second instance.

In a petition, Tacla Duran wrote that “every citizen is entitled to a fair and impartial trial”.

A Sheet He called Tacdura Duran’s cell phone at the number he provided to the Federal Court and also sent messages, but there was no response. The report also sent an email to the address he provided to the Federal Court.

The lawyer has lived in Spain since 2016.

Loraci Flores de Lima became rapporteur after the departure of Marcelo Malucelli, who declared suspicion on grounds of intimate forum last week.

Malucelli’s removal occurred shortly after the national justice inspector, Luis Felipe Salomão, questioned the magistrate about his link with Senator Sergio Moro (União Brasil-PR).

Malucelli’s son, lawyer João Eduardo Barreto Malucelli, is a partner of senator and federal deputy Rosangela Wolff Moro (União Brasil-SP) at the law firm Wolff Moro Sociedade de Advocacia.

Tacla Duran has maintained that people close to Moro tried to extort him in the negotiation of a whistleblowing agreement in 2016. Moro denies this and claims that Tacla Duran speaks without evidence about matters already investigated and archived by the Attorney General’s Office.

Specialist in criminal and international law Frederico Brusamolin says that the kinship “makes clear” the impediment of the TRF-4 magistrate in acting in Lava Jato.

“The impediment is necessary in the case, by the cold letter of the law. And, even if the delegate had not acted specifically in the Tacla Duran processes, I still see the judge’s impediment due to the circumstances, due to the delegate’s entire performance in Lava Jato”, he says. he.

In Federal Justice in Paraná, Tacla Duran is defendant in criminal actions currently suspended by decision of the Federal Supreme Court in March. In this Friday’s petition (28), he mentions steps that would have been signed by the delegate and that are related to his processes.

In March, the Federal Prosecutor Carolina Bonfadini de Sá also asked for the suspicion of federal judge Eduardo Appio, who acts in the cases of Operation Lava Jato in the first degree of Federal Justice, in the 13th Court of Curitiba.

According to her, the statements by Appio, who is openly critical of Lava Jato’s methods at the time of Moro, reveal “a breach of impartiality” in conducting cases. Appio, however, has not yet commented on the removal request.