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TRF-4 overturns Judge Gabriela Hardt's "copy and paste" sentence



TRF-4 overturned Judge Gabriela Hardt's sentence for understanding that her sentence appropriated MPF-PR's arguments
reproduction

Reproduce, like yours, third party arguments by copying peçthe procedural without indicatesherethe source nTheThe It's admissioníspeed

With this understanding, the 8th Panel of the Federal Court of the 4th Region upheld the appeal and annulled the judgment of Judge Gabriela Hardt, Sergio Moro's substitute at the 13th Federal Court in Curitiba. The position today is held by the titular judge Luiz Antonio Bonat.

In his statement, Judge Leandro Paulsen stated that he fully follows the vote of the rapporteur João Pedro Gebran Neto and stressed that the sentence is void for affront to Article 93, IX of the Federal Constitution, which states that all judgments of the judiciary will be public and reasoned all decisions.

The magistrate further argues that in the case in question it was found, in fact, that the “sentence appropriated ipsis litteris from the grounds of the Federal Public Prosecutor's final allegations, without making any reference that it was adopting them as reasons for its decision, bringing as if it were his arguments, which cannot be admitted ”.

Paulsen still considers that the citations of the MPF's allegations are accepted, but reiterates that copying a procedural document without indicating the source is inadmissible. The magistrate also points out that he has decided to speak in the judgment so that in future sentences the same vice is not reproduced.

Other process irregularity It's the use of telephone clampThecounselor of the Court of Auditors of the State of ParanThe which has the prerogative of the forum, and omitted that irregularityíza. Even though the defense showed this irregularity based on the counselor's functional telephone bills, the magistrate issued the sentenceça and then had an inquiry openedIt'sPolice rite. The defense of the appellants was made by the lawyers Antonio Augusto Lopes Figueiredo Basto and Rodrigo Castor of Mattos.

Similarity

The argument accepted by the 8th Panel of the Federal Court of the 4th Region in this case is very similar to that alleged by the lawyers of former President Lula, Cristiano Zanin and Valeska Martins in the case of Atibaia (SP) site.

At the time, the defense of the former president in February asked the Federal Supreme Court to add to the case an expert opinion made by the Del Picchia Institute that maintains that Judge Gabriela Hardt copied excerpts from the judgment of then judge Sergio Moro in the case of the triplex of the court. Guaruja (SP).

Zanin's argument is that the forensic evidence shows that the judge, who replaced Moro at the “car wash” trial when he left office, did not try the case and merely formalized a pre-established conviction.

Expert opinion by Celso Mauro Ribeiro Del Picchia says there is evidence of the form and content of the copy. In the first case, header and footer parities, margin determinations, line lengths, interlinear and inter-paragraph spacing, fonts and their sizes, bold and centered headings and sections.

As for the content, it highlights the existence of repeated passages and even a point at which Judge Gabriela Hardt quotes the "apartment" when she was judging the case of the site. The confusion would be with the other criminal action in which Lula was convicted, which involves an apartment in Guarujá, Sao Paulo.

5062286-04.2015.4.04.7000 / PR
Click here to read the TRF-4 decision

Click here to read Lula's defense request
Click here to read the skill of the
Del Picchia Institute


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