TRF-4 drops Palocci hearing and release of money – 05/19/2023 – Power

The TRF-4 (Federal Regional Court of the 4th Region) overturned two decisions by federal judge Eduardo Appio that met requests from the defense of former Minister Antonio Palocci.

In addition to canceling a hearing in which Palocci would be heard on possible “excesses and errors” in Operation Lava Jato, scheduled by the first degree magistrate to take place this Friday (19), the second instance court also annulled another decision by Appio that released R$ 35 million from an account linked to the former minister.

Since the beginning of the year, Appio has been in charge of the 13th Court of Curitiba, responsible for the remaining processes of Lava Jato. Critical of old methods of investigation, the judge has frequently taken decisions favorable to the defendants, reviewing the positions of other judges.

“Considering the constitutional principle of the presumption of innocence, the constricted assets cannot remain eternally under confiscation by the Brazilian State”, wrote Appio on May 12, when deciding to release R$ 35 million to Palocci.

He also justified that the calculation of damages caused by the accused, according to the MPF (Federal Public Ministry), was “merely conjectural and does not represent concrete responsibility, especially when considering the large number of real estate that can serve as collateral to court”.

Around 2:30 pm this Friday, TRF-4 judge Carlos Eduardo Thompson Flores Lenz overturned the decision, following a request from the MPF.

According to the attorneys of the Republic, the account with R$ 35 million was linked to a criminal action that, due to a decision of the STJ (Superior Court of Justice), has already been transferred to the Electoral Justice of the Federal District. In addition to alleging the Court of Curitiba’s incompetence in the case, the MPF also complains that it was not summoned by Appio about the case.

In a letter sent to the second instance judge, Appio states that “he merely complied with the decision handed down by the 10th Federal Court of the Federal District and that the Federal Public Prosecutor’s Office in Curitiba accompanied and agreed with this decision to release amounts that are owned by Antonio Palocci Son and wife (shareholder)”.

In another TRF-4 decision, in which Palocci’s hearing with Appio was cancelled, the second instance court also points to the lack of jurisdiction of the Curitiba Court.

The MPF claims that matters related to Palocci’s collaboration agreement are the responsibility of the 8th Criminal Panel of the TRF-4, which was accepted by the second degree magistrate.

“If the defense is interested in discussing the collaboration agreement, it is up to it to provoke this regional court in its own procedure”, writes the federal judge of second instance Loraci Flores de Lima, in a decision signed late Thursday afternoon (18).

The report sought Palocci’s defense, but has not yet received a response.

Through a petition filed by lawyer Tracy Reinaldet, Palocci had made himself available to Appio to clarify the context of his arrest, of his award-winning collaboration agreement and also to point out “excesses and errors” by Lava Jato.

Without anticipating specific facts, Palocci said that his objective was to contribute to the improvement of the criminal justice system, to “make it more democratic and guaranteeing”.

Upon receiving the petition, on Monday (15), Appio determined on the same day that an audience with Palocci be held this Friday, as a matter of urgency. The magistrate also writes that the testimony is justified “in view of what was reported by the diligent lawyer in relation to possible abuses and torture against Antonio Palocci”.

Lava Jato critics, such as Minister Gilmar Mendes, of the STF (Federal Supreme Court), have used the expression “torture” to refer to arrest warrants whose purpose is to force the accused to report. Appio has already said he is a guarantor and contrary to the methods of former authorities in the operation, such as former prosecutor Deltan Dallagnol.

In a decision signed early this Friday, Appio summoned Deltan to give testimony, as a witness, on June 19. He alleges that he needs to hear from the former prosecutor about whether there is a “bond of personal and intimate friendship” with the Federal Attorney Walter Jose Mathias Junior, a member of the MPF who currently acts in the cases of the lawyer and defendant Rodrigo Tacla Duran.

When summoning Deltan, the judge also writes that the hearing must be held in person, “since it is a well-known fact that the said witness no longer has the prerogative of the forum or the legal privileges inherent in the mandate of a federal deputy”.

Elected federal deputy for Podemos in Paraná at the polls last year, Deltan had his mandate revoked by the TSE (Superior Electoral Court) last Tuesday (16). He can still appeal – the impeachment has not yet been processed internally in the Chamber of Deputies.

Appio points out that Tacla Duran sees Mathias Junior’s “partial and suspicious performance”, due to his alleged proximity to the former prosecutor and former coordinator of Lava Jato at the MPF.

During hearings, prosecutor Mathias Junior has already stated to Tacla Duran that he has nothing personal against the defendant and that he has no close relationship with Deltan.

Denounced for the crime of money laundering, Tacla Duran claims that his lawsuits are derived from “persecution” of Deltan and the MPF.

On social networks, Deltan has already called Duran a “compulsive liar, a confessed criminal and a professional money launderer” and said that Judge Appio, whom he calls a “Lulist and media judge”, “does not even disguise the attempt to retaliate against those who, by contrary to him, he fought against corruption”.

The report reached out to Deltan this Friday about the June 19 hearing, but has yet to hear back.