‎Brazil News

 

The decision will be ratified at the CNJ plenary session this Tuesday, 16th.

 

The National Inspector of Justice, Minister Luis Felipe ordered the precautionary removal of Federal Judge Gabriela Hardt. The decision was made as part of a correction instituted to verify the functioning of the 13th court in Curitiba/PR during the Lava operation.

 

The decision will be put to judgment for ratification at the CNJ plenary session this Tuesday, 16th.

 

Former judge and senator Sergio Moro is also investigated in the same process, but the case will be treated on the merits, when the issue is examined by the CNJ plenary, given that there is no precautionary measure to be adopted in the administrative field.

 

 

Correction pointed out possible acts by Gabriela Hardt that could fall under criminal law.)

According to the inspector, the correction report identified several irregularities and illegalities that occurred in the workflows developed during various investigations and criminal actions that made up Lava , especially with regard to control and accountability mechanisms relating to the transfer of amounts deposited in judicial accounts to Petrobras, arising from the plea bargain and leniency agreements.

 

"The acts attributed to judge Gabriela Hardt, in addition to falling, in theory, as criminal types - embezzlement-embezzlement (article 312 of the Penal Code), with possible interdependent criminal consequences, malfeasance (article 319 of the Penal Code), privileged corruption (art. ".

 

The correction report pointed out that the magistrate's decision was based exclusively on incomplete and even informal information, provided outside of the case file and without any procedural record, from the task force's prosecutors, without any type of contradiction or subpoena from the Federal Union.

 

"Such behavior, as can be seen and demonstrated since the preliminary correction report (and now highlighted in more detail in the full document), was part of the strategy designed to recirculate the amounts passed on by the court to Petrobras, subsequently forced to enter into the agreement in USA for the return of the billion-dollar amount to the private foundation."

 

In the decision, the magistrate also pointed out that the STF, in the judgment of ADPF 568, pointed out that this allocation was irregular, with violations of constitutional principles that have repercussions in the administrative and criminal sphere, possibly.

 

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In view of the correction,highlighted that there are elements that attest to the existence of signs of serious disciplinary infractions committed by the judge, due to possible infringement of Loman and the Code of Ethics of the National Judiciary, as well as the principles of legality, morality and republicanism, provided for in the Constitution.

 

Finally, the minister highlighted that the nature of the activity carried out by the judge requires and imposes acting properly, lawfully, with integrity and transparency, and it is unacceptable that, apparently descending into illegality, she uses her role to assert her personal convictions.

 

"It is, therefore, inconceivable that the person being investigated can continue acting, when the suspicion hangs over him that his action is not the legitimate and impartial action that is expected. In this order of ideas, the removal meets the need for protection of public order, seriously compromised by the irregular action of the defendants, as well as meeting the need to stop the apparently infringing conduct."

 

Former judge and senator Sergio Moro is also being investigated in the same process, but the case will be treated on its merits, when the issue is examined by the CNJ plenary, "given that there is no precautionary measure to be adopted in the administrative field".

 

Process: 0006135-52.2023.2.00.0000