Petition reinforces that, despite Moraes remaining in prison, the Court had already recognized his incompetence to judge the case
The defense of the former federal deputy Robert Jefferson filed a complaint with the STF (Supreme Federal Court) on Monday (January 1, 2024) for the relaxation of the former congressman's preventive detention.
In the petition, the defense states that, despite the minister Alexandre de Moraes Having maintained Jefferson's preventive detention, the STF had already recognized its incompetence to judge the case. Lawyer João Pedro Barreto cites the opinion of the PGR (Attorney General's Office) and asks that the case files be forwarded to the Federal Court of the Federal District. Here's the complete (PDF – 934 kB).
The defense claims that the judge “insists on disrespect” the Court's understanding of the case, adopting “wrong criteria” to maintain Jefferson's arrest. The petition also states that maintaining the minister's monocratic decision will result in illegal embarrassment and violation of the principle of human dignity.
Roberto Jefferson has been in prison since October 2022, after shooting with a firearm at federal police officers who were carrying out search and seizure warrants at his home, in the municipality of Comendador Levy Gasparianm in Rio de Janeiro.
After Seap-RJ (Rio de Janeiro Penitentiary Administration Secretariat) presented a report indicating that Jefferson had tumors in the pancreas, testicles, intestine, as well as diabetes, hypertension, depression, insomnia and anxiety, Moraes authorized Jefferson's transfer from prison from Bangu 8 to a private hospital in Botafogo.
The Seap document said that the former deputy's medical situation was “extremely fragile” and that he met “depressive condition” It is “inability to nourish oneself”.
In September 2023, federal judge Abby Ilharco Magalhães, from the 1st Federal Court of Três Rios, decided to maintain Jefferson's preventive detention. Furthermore, she ordered the former deputy to go to a popular jury.
At the time, Jefferson's defense had already requested conversion to house arrest, which was denied by the judge.
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