The National Inspector of Justice, Minister Luís Felipe Salomão, has closed two cases related to the conduct of Judge Gabriela Hardt and seven others against Judge Eduardo Fernando Appio, former magistrates of the 13th Federal Court of Curitiba, the base of Operation Lava Jato. The trials investigate alleged illicit conduct by Gabriela and party actions attributed to Appio.
According to the CNJ, which monitors the conduct of judges, the Department of Internal Affairs is conducting a joint effort to review all disciplinary complaints that mention Lava Jato judges.
Gabriela Hardt remains the subject of administrative disciplinary proceedings for the approval of the agreement to create the billion-dollar Lava Jato fund, which did not proceed.
The case against the magistrate initiated by Salomão involved two cases of alleged irregular conduct. One of them concerns Márcio Lobão, son of former senator Édison Lobão (MDB-MA), after declaring the court of the 13th Court of Curitiba incompetent to analyze the files. And the other on Operation Without Limits, phase 57 of Lava Jato, according to the conversations intercepted by hackers of the protagonists of Operation Lava Jato, including former judge Sérgio Moro and former prosecutor Deltan Dallagnoll.
The minister understood that Gabriela’s decisions questioned in these episodes are “protected by the functional independence of the members of the judiciary in the exercise of their regular jurisdictional activity and fall within the autonomy and free motivated conviction of the judge”.
Salomão saw the “dissatisfaction” of the authors of the complaints and understood that there was no evidence that Gabriela had incurred a functional defect.
The cases involving Eduardo Appio mostly involved alleged partisan political actions by the federal judge. Some of the proceedings were filed by deputies and senators, including Flávio Bolsonaro, son 01 of former president Jair Bolsonaro.
The Minister-Corrector understood that the magistrate’s demonstrations and criticisms of Lava Jato’s conduct and methods fall precisely within the reserve of the magistrate’s “freedom of presidency”, provided for by the Organic Law on the Judiciary.
According to the magistrate, the demonstrations “were not based on exclusively political preferences or on moral or purely ideological positions, but on technical criteria, legal concepts and theoretical currents of criminal law and criminal procedure, which cannot be configured as a functional infringement”.
Another pending case against Eduardo Appio involved the alleged illegal wiretaps in the cell of Alberto Youssef, a money changer who had denounced Lava Jato. Salomão ruled that the 13th Federal Court of Curitiba should investigate the case, and not Appio in particular.
The judge is currently working at a Social Security Court in accordance with the agreement reached with the CNJ admitting improper conduct in a scam involving an alleged threat against Judge Marcelo Malucelli, of the Federal Regional Court of the 4th Region (TRF-4), based in Porto Alegre.
Source: Terra
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