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Justice rejects José Dirceu's HC against pre-trial detention in Lava-Jato Operation


Wednesday, February 22, 2017

Justice Edson Fachin of the Brazilian Federal Supreme Court (STF) denied the Habeas Corpus (HC) 137728, filed by the defense of José Dirceu, a former chief of staff of the Presidency of the Republic, against his decreed preventive detention in Lava Jato Operation.

José Dirceu was arrested at the end of July, 2015 by order of the 13th Federal Criminal Court of Curitiba (PR). The defense questioned the appropriateness of the grounds for the prison decree, based in the guarantee of public order, in habeas corpus filed in the Federal Regional Court of the 4th Region (TRF-4). After the negative from that court, it appealed to the Superior Court of Justice (STJ) and, before the judment of the appeal's merit, José Dirceu was convicted in first instance of passive corruption, money laundering and criminal organization. In October of last year, Justice Teori Zavascki denied the injunction in HC 137728.

Justice Fachin (who succeeded Teori Zavascki in reporting on cases relating to the Lava-Jato operation) explained that with the conviction a new motive for arrest arose, which to be challenged must respect its own procedural means. 

 

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