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Minister Luis Felipe Salomão said that the evidence is insufficient to characterize misconduct by the former judges of the operation
The national inspector of justice, minister Luis Felipe Salomão, decided to archive 9 cases – including disciplinary complaints and requests for action – that targeted judges Gabriela Hardt and Eduardo Fernando Appio. Both were already responsible for Operation Lava Jato in the 13th Federal Court of Curitiba.
In all of the archived cases, the judges were accused of having committed abusive and biased acts in the conduct of Lava Jato. In one of the cases, Appio was named as a suspect of violating the confidentiality of a decision.
Salomão concluded that, in these cases, there is not enough evidence to characterize the magistrates’ misconduct.
In one of the complaints, members of parliament alleged that Appio had acted politically by criticizing the way in which Lava Jato was conducted by judges who were his predecessors. According to the inspector, however, any critical statements made by the judge were made in his capacity as a professor, which is permitted.
Salomão wrote that Appio’s demonstrations were made under the protection of “freedom of chair provided for by the Constitution and were not based on exclusively political preferences or 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 infraction”.
In the case of Gabriela Hardt, the Justice Inspector concluded that “the charges deduced demonstrate mere dissatisfaction on the part of the requesting party with what was decided in the case, with no indication that the defendant has incurred a functional fault”.
The judge, however, continues to be investigated in a PAD (administrative disciplinary process) that investigates her conduct in the allocation of public resources for the creation of a foundation by members of the Federal Public Ministry. There are other disciplinary complaints against the judge in progress at the CNJ (National Council of Justice).
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