Who are the judges who will judge Sergio Moro at TRE-PR? See each person’s profile – News

Who are the judges who will judge Sergio Moro at TRE-PR? See each person’s profile – News
Who are the judges who will judge Sergio Moro at TRE-PR? See each person’s profile – News

Moro begins to be tried by TRE-PR
Jefferson Rudy/Agência Senado – 13.12.2023

The trial of actions that could lead to the impeachment of Senator Sergio Moro (União Brasil-PR) begins at the TRE-PR (Regional Electoral Court of Paraná) this Monday (1st). The former federal judge is accused of having caused an imbalance in the elections for a Senate seat in Paraná, with excessive spending in the pre-campaign for the Presidency of the Republic that would have given him a decisive advantage. Moro denies it.

In 2021, Moro was a pre-candidate for the Presidency of the Republic. The former Minister of Justice during the government of Jair Bolsonaro (PL) left the presidential project built by Podemos and migrated to União Brasil, the acronym through which he ran for the Senate in Paraná.

PT and PL argue that the expenses spent during the presidential pre-campaign period favored Sergio Moro in the dispute for the federal Legislature. The Electoral Attorney’s Office of Paraná presented a favorable opinion on the revocation of his mandate, which is awaiting consideration by the state TRE judges.

When testifying about the process in December last year, to TRE-PR, the senator stated that he was “deeply offended” by actions filed by PL and PT. “I feel violated when the parties claim that my security expenses should be considered for revocation of my mandate. I was a Lava Jato judge who came to compete in a highly polarized election,” said Moro

The magistrate cited the plans of the PCC (First Command of the Capital to kidnap him) investigated by the Federal Police. “I made it a necessary condition that there be security. We didn’t know that there was a risk of suffering attacks like there is today.”

Understand the composition of TRE-PR

The TRE-PR is made up of seven judges, who are sworn in for a two-year term at the Court through different selection categories.

The plenary is made up of two first-degree judges elected by vote by the TJ-PR (Court of Justice of Paraná); two judges chosen by the TJ-PR; a federal judge, appointed by the TRF-4 (Federal Regional Court of the 4th Region); and two lawyers with “notorious legal knowledge” chosen by the President of the Republic from a list of nominees by the TJ-PR and the TSE (Superior Electoral Court).

Each of these categories has substitutes, who take on actions for which the effective judges are prevented from judging or declare themselves suspect.

Trial will be ‘transparent’, says president of the Court.

The TRE-PR has seven judges, but the president only votes in cases of a tie. In Moro’s trial, judge Sigurd Roberto Bengtsson, who took office as president of the Court in February, will only vote in the event of a tie.

In the report, the judge denied that the senator’s national profile could influence the Court’s judgment and promised a “transparent” assessment of the debated merit. “Sergio Moro or Lava Jato are not under discussion in this process. What is on trial is an accusation of abuse of economic power. That is what we will judge,” he said. “It will be a transparent process and as required by the Federal Constitution.”

Luciano Carrasco Falavinha Souza, rapporteur

The rapporteur of the action is judge Luciano Carrasco Falavinha Souza. He is not a full member of the Electoral Court. Moro’s impeachment process was handed over to judge Fernando Wolff Bodziak, vice-president of the collegiate last two years. He declared himself a suspect and the case went into the hands of his replacement, judge Dartagnan Serpa Sá. He did not continue in the position, and Falavinha Souza, who succeeded Dartagnan, has been with the process since July 2023.

The judge is described by TRE-PR interlocutors as a “heavy pen”, that is, a judge with blunt votes. The expectation is for an extensive and incisive vote, with emphasis on an opinion, paid by Sergio Moro, to his alternate on the Senate ticket, Luis Felipe Cunha.

Cunha’s report is used by the former judge’s defense to endorse spending in the pre-campaign period, but the high amount paid for the preparation of the document, R$ 1 million, was the target of questions from the rapporteur during the testimony of I live at the Court. “It must be agreed with me that an opinion at R$1 million is a high amount. I believe that former ministers of the Supreme Court, great operators (of law), cover this”, said Falavinha Souza at the time.

Anderson Ricardo Fogaça

Anderson Ricardo Fogaça occupies one of the vacancies reserved for first-degree state judges. Before assuming the effective mandate at TRE-PR, in July 2023, he had already been a substitute for the Court in 2015. The magistrate worked in the Electoral Court, in the districts of the municipalities of Quedas do Iguaçu, Laranjeiras do Sul and Piraquara. Despite his profile considered “discreet”, people with access to the Court say that he can, like Falavinha Souza, be tough when voting.

Guilherme Frederico Hernandes Denz

Guilherme Frederico Hernandes Denz also occupies one of the vacancies reserved for law judges. He began his term at the Electoral Court in July 2023. Denz’s vote projection is described as “unknown”, with a tendency to proportionally follow the evidence presented in the case file.

Claudia Cristina Cristofani

Federal judge Claudia Cristina Cristofani is the current dean of the TRE-PR, that is, the oldest member of the court – she took up the post in 2022. She occupies the vacancy reserved for the appointment of the TRF-4, which judged Lava Jato cases on Monday instance. People with contact at the court say that, as a federal judge, her vote should follow a more guaranteeist orientation. The possibility of the judge requesting a review of the case is not excluded.

Julio Jacob Junior

Julio Jacob Junior occupies one of two vacancies at TRE-PR reserved for lawyers. He was appointed by Lula in May 2023. The lawyer is close to the former governor of Paraná Beto Richa (PSDB), of whom he was legal advisor. Now a federal deputy, Richa was the target of Lava Jato, as well as his allies. Deonilson Roldo, former chief of staff of the former Tucano governor, had an arrest warrant ordered by Moro in the operation. The proximity between the lawyer and Richa leads TRE-PR interlocutors to project Jacob Junior’s vote for the ex-judge’s impeachment.

José Rodrigo Sade

Lawyer José Rodrigo Sade is the newest judge-member of TRE-PR. He is part of one of the vacancies allocated to the class of lawyers, whose selection process goes through the president’s scrutiny. The appointment was made official in February this year for the vacancy that was open with the retirement of lawyer Thiago Paiva dos Santos, who left the role in January.

In the 2022 elections, Sade joined TRE-PR as a replacement. On that occasion, he even declared himself a suspect in court in an action involving Deltan Dallagnol, his former client.

Final word will be from the TSE

The pre-election campaign period has legal gaps. There is no legal delimitation as to the exact moment in which this phase of the elections begins, much less a limit on spending during the period. Moro’s judgment in TRE-PR may establish precedents on these points.

Whatever the regional court’s opinion, it is expected that the losing party will appeal and the case will be decided by the TSE. Thus, it would be up to the Court to define Moro’s future and what the eventual supplementary election for the Senate in Paraná will be like.

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The article is in Portuguese

Tags: judges judge Sergio Moro TREPR persons profile News



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