Abuse of jurisdiction by the Supreme Court of Justice, breach of custody chain, fraud of the Guardian system – used by federal police to intercept phone calls – and allegedly inaccurate reporting of information to a judge. These are some of the irregularities pointed out by the defendants' defense in the process that culminated in the sentencing of Judge Gabriella Hard, quashed by the 8th Chamber of the 4th District Court.
Prosecutors stemming from a federal police operation that attempted to investigate an alleged fraud scheme linked to the Confiancée Institute, a public interest civic organization that entered Paraná prefectures, posed far more problems than the phrase "copy and paste". from Hard. The guarantor is the lawyer Rodrigo Castor, one of the defendants involved in the trial in partnership with Rafael Ricardo Tice.
For Castor, the process is marked by PC's "scandalous practices". Starting with the illegal interception of Fernando Augusto Melo Guimaraes by the Parana State Court of Auditors, the husband of one of the investigated and prerogative forums. Although the counselor was not investigated, the defense proved that he had received calls made and recorded by the police as if they had been made or received by his wife's phone.
Evidence of usurpation of competence was also proved by a telephone extract from the counselor's son, showing that the calls presented by PF were intercepted by calls from the TCU member's functional phone from Paraná, not his wife.
The problematic investigation was conducted by Deputy Mercio Anselmo, who sought permission for the stables and attended the then federal judge on the 13th stick of Curitiba and current Justice Minister Sergio Moro. No TCE-PR advisor is included in the permits granted by Moreau. Moreau and Anselmo were involved in the case practically until the end of the investigation.
Hearing the case, Hart, replacement immediately after Moro's departure – now chief judge Louise Antonio Bonat -, ordered the PC to open an investigation to determine whether there was fraud. However, he condemned the defendants to a later revocation.
The judge relied on information presented by the PC that the security system would be "inviolable".
Another very sensitive point of the process is suspicion of fraud in the Guardian system. The complaint, filed by defenders of TRC-4, cites a large body of evidence that indicates that information published in the PC's telephone surveillance system has been manipulated.
In the play, the defense claims that "The apparent tampering with data extracted from system information indicates that such calls were intercepted by the counselor's wife's phone, while the calls were picked up from the counselor's own phone, which was untrue, as was the case. fully corroborated by appropriate telephone statements, which completely eliminate hygiene in telephone intercepts conducted during a trust operation. "
The evidence gathered by the defense shows that there have been numerous intercepted phone calls – perhaps without court authorization – and thousands of other unidentified callers.
In his vote, the rapporteur on the case, Judge Focio Bribran Neto, concluded that "there is no alternative but to quash the sentence and establish the execution of the above measures, after which another sentence has been pronounced, by examining the technical question."
Click here to read the verdict
5062286-04.2015.4.04.7000 / PR