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Supreme Court Judge Sends a Request for to Lula da Silva Habeas Corpus to 2nd Class



Judge Edson Fachin of Supreme Court, has sent the court’s 2nd Panel a habeas corpus petition filed by the defense of former President Luiz Inacio Lula da Silva alleging suspicion of Judge Sérgio Moro after the magistrate accepted an invitation to be Minister of Justice and Public Security in the government of President-elect Jair Bolsonaro.

“I have already indicated that I am already included in the agenda of the 2nd Class for a collegial trial,” Fachin wrote in a statement published on Tuesday on the request of Lula’s defense, which alleges loss of Moro’s impartiality.

The minister also requested information from the 13th Federal Court of Curitiba (PR) and the Federal Regional Court of the 4th Region (TRF-4), which condemned Lula da Silva in a first and second instance, respectively.

On Monday, the former president’s defense filed a petition for habeas corpus in the STF on the grounds of Moro’s suspicion, claiming the loss of impartiality of the magistrate to try him after Moro accepted the invitation to become minister of Bolsonaro.

Lawyers alleged that the judge established a “capital enmity relationship” with Lula and also pointed to Moro’s “exoprocessional” interests.

The defense asked that the STF decree the nullity of all procedural acts related to the trial on the triplet in Guarujá (SP), in which Lula has already been convicted for corruption and money laundering and for which he has been serving a sentence in Curitiba since April.