Tuesday , February 25 2020
Home / brazil / TRC-4 reverses Judge Gabriela Hard's "copy and paste" sentence

TRC-4 reverses Judge Gabriela Hard's "copy and paste" sentence



TRC-4 quashed Judge Gabriela Hard's ruling on finding that her conviction appropriated MOC-PR arguments
Reproduction

Play, like your own, third-party arguments by copying PEçprocedural without indicatingTiOsource nohon yes receptiontspeed

With this understanding, the 8th Circuit Court of Appeals of the 4th District upheld the appeal and quashed Judge Gabriela Hardt's ruling, replacing Sergio Moro's 13th Federal Court in Curitiba. The position today holds the title of referee Louise Antonio Bonat.

In his statement, Judge Leandro Polsen stated that he was fully following the vote of rapporteur Joshua Pedro Gebran Neto and noted that the sentence was invalid in violation of Article 93, IX of the Federal Constitution, which said that all judgments of the judiciary would be public and that explain all the solutions.

The judge further argues that the case in question has in fact established that “the sentence appropriated ipsis litteris from the basis of the Federal Prosecutor's final allegations, without giving any indication that it would adopt them as reasons for its decision, bringing them as if it were his arguments. , which cannot be recognized. "

Polsen, however, considers that quotations on MOC claims are not accepted, but reiterates that copying the procedural document without specifying the source is unacceptable. The judge also points out that he has decided to speak in the verdict, so that in future sentences the same vice will not be reproduced.

Another process irregularity yes use of telephone clamphelloadvisor to the Court of Auditors of the State of Paranwill who is entitled to the forum and dismissed that irregularitytfor Although the defense has shown this irregularity based on the advisor's functional telephone bills, the judge has issued the sentenceçand then an investigation was openedyesPolice rite. The applicants' defense was done by the lawyers Antonio Augusto Lopez Figueiredo Basto and Rodrigo Castor of Matos.

The similarity

The argument accepted by The 8th Circuit Court of Appeals of the 4th District in this case is very similar to that claimed by former President Lula's lawyers, Cristiano Zanin and Wallace Martins in the case of Atibaya (SP).

At the time, the former president's defense in February asked the Federal Supreme Court to add to the Del Piccía Institute forensic case, which claims Judge Gabriella Hard copied excerpts from then-Judge Sergio Moro's conviction in the Trio case . Guarawas (SP).

Zanin's argument is that forensic evidence shows that the judge, who replaced Moreau at the "car wash" trial when he left office, did not adjudicate the case and merely formalized a pre-determined verdict.

Celso Mauro Ribeiro Del Picchia's expert opinion says there is evidence of the form and content of the copy. In the first case, header and footer parity, margin determination, line lengths, interlinear and median distances, fonts and their sizes, bold and centered headings and sections.

As for the content, there are repeated passages, and even the point at which Judge Gabriela Hard quoted the "flat" when trying the case on the site. The confusion would be with the other criminal act that convicted Lula, who is an apartment in Gavaruz, Sоo Paulo.

5062286-04.2015.4.04.7000 / PR
Click here to read the TRF-4 decision

Click here to read Lula's defense request
Click here to read the
Del Pixia Institute


Source link