For Ricardo Melo , STF should redo trial to regain her respectability

Mon, 03/03/2014 - 09:33
Proposed by John Savoie
Folha
Start again Admission by the Chief Justice that feathers were raised artificially increases irregularities Ricardo Melo If the Supreme Court intends to regain its respectability , there is only one way out : redo , from beginning to end , the trial of the so called PT monthly allowance . The admission by the chief justice , that feathers were artificially increased to the detriment of the defendants broke the camel irregularities of Criminal Case 470 . Recalling some : the obligation of privileged forum for defendants with the right to scroll through multiple instances of Justice , the adoption of the principle that everyone is guilty until proven otherwise , the core of the theory of " field of apparel " ; slicing sentences as conveniences of Rapporteur . And perhaps the most amazing of illegalities , the deliberate concealment of investigations . Legal blemish has a name and number: 2474 survey , conducted in parallel with the investigation that led to the AP 470 . Not any document . Through the 78 volumes of the survey in 2474 , packed with official reports and based on Federal Police investigations , defendants could rebut clinchers his conviction . The refusal of access to the investigation was justified as follows : " practical reasons demonstrate that maintenance, in this case, the investigations concerning the continuity of investigations [ ... ] in relation to facts not contained in the complaint offered , can confusion and harm to the regular progress of the investigations . " The author of the Order , October 2006 , himself , Joaquim Barbosa was . Imagine the situation : the subject is accused of murder , the defendant's trial begins , and during the proceedings of the court, even before any decision of the jury , the alleged victim appears Vivinha silva . " Ah , but other research states that he was dead," the prosecutor argued . " This will create confusion." The trial continues . Living breathes , but the cars are dead . And the defendant , who did not kill anyone , is convicted of murder . The parallel seems absurd , but absurdity is what made the STF . The existence of the investigation in 2474 became public in 2012 , in a report of this leaf on the case of an executive of the Bank of Brazil , Claudio de Castro Vasconcelos . The connection to the AP 470 was evident , because it focused VisaNet sprinkler appointed as the monthly allowance . The process had been open six years earlier , in 2006 , so in time more than apt to be examined. None of these facts is itself new. They resurfaced in January this year , when the minister Ricardo Lewandovski released the paperwork to lawyers Henrique Pizzolato . Strangely , or conveniently , it went almost unnoticed . It's time to turn on the light . The behavior at the same tawdry and unseemly time chief justice tends to focus attention on the outcome of AP 470 . At this time , for various reasons , can be comfortable playing in the back of the burden Joaquim Barbosa , or bonus, the trial . It is clear that their role is indelible , but he is right to remember that the key was decided in plenary. In the end , there convicted and imprisoned in a process that has challenged us all to be . The country remains without really knowing if there was and if there was , what was really called monthly allowance . Conform, or not , with the verdict of the absence of conspiracy is very little on the legal eccentricities , to say the least , that surrounded the trial and have guided the execution of sentences . Although justified awaken curiosity , what matters least is the future of Barbosa . Who is in the spotlight is the Supreme Court as a whole: matter whether the country has a credible legal proceedings to enforce its decisions .