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Moro wants to take the case out of the hands of the STF and Appio Waldemir Barreto/Agência Senado In the same petition, Moro suggested that judge Eduardo Fernando Appio — current occupant of the post that once belonged to the senator in the 13th Federal Court of Curitiba — should not make new decisions on this and other "lava jet" cases before deciding on a request of suspicion formulated by the Federal Public Ministry. If Appio rejects the exception of suspicion, Moro requests that such request be sent to the Federal Regional Court of the 4th Region, whose 8th Panel has a history of decisions favorable to the former judge. History This Monday (27/3), Appio took the testimony of Tacla Duran, accused of having worked with money laundering for the construction company Odebrecht. The lawyer said that, in 2016, he was the target of an extortion attempt, with the involvement of Moro and Dallagnol, so that he would not be arrested in the context of "lava jet".
The former judge claims that the accusations are false and that the hearing was held with the sole purpose of collecting "reheated" criminal news. Tacla Duran showed that, in order to avoid being arrested, he made a bank transfer to the office of a lawyer who was a partner of Moro's wife (lawyer Rosângela, now a federal deputy for União-SP) in actions of the Apae Federation in Paraná, and also in defense of the Simão family, a case that became known as the "bankruptcy mafia". The deponent presented proof of the de Special Phone Number Data posit, but the senator claims that he and his wife do not maintain "any social or commercial relationship" with the lawyer. Disclosure/Federal Justice of Paraná The case was being handled by Appio, who sent the case to the STF Disclosure/Federal Justice of Paraná Jurisdiction Appio sent the case to the STF, which is the court competent to judge federal parliamentarians. According to Moro, the decision was wrong, as such competence is only valid "if the act was carried out in the exercise of the function and for as long as the exercise of the position continues".
According to the senator, the extortion alleged by Tacla Duran would not have been carried out during the exercise of his parliamentary mandate, but rather during his work as a judge. The same goes for Dallagnol, who was a public prosecutor at the time of the events narrated. The STF does not have the authority to judge crimes committed by such authorities. In the petition sent to his former 13th Federal Court of Curitiba, Moro also says that he is "a critic of the forum by function prerogative", as he sees it as "a privilege incompatible with the principle of equality". Therefore, he says that "he does not intend to enjoy, under any circumstances, the odious privilege" and prefers to be prosecuted and judged, during his term in the Senate, before a judge of first instance, "as long as he is impartial". Suspicion The MPF questions Appio's role in all remaining "lava Jato" actions. The exception of suspicion is concluded for decision on March 15th. Moro argues that, according to the Code of Criminal Procedure, the allegation of suspicion precedes any other and must be dispatched within three days.
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