failed to comply with a higher court order, "Strangely, as we have described, his order was not filled by the closure of the former president who decided to advise with the court Sergiom Moro, elevated to […] a mythologist who fights evil, as if it were superior authority. The Federal Police Department should determine that act of non-compliance with a court order by the police administration, "says Favreto's defense, signed by lawyers and lawyers Marcelo Nobre and Danyelle Galvão.
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Following the decision of Favreto, who was the judge for the Judicial Assessment of the First Instance Court, the Federal Region of the Fourth Region (TRF- even on vacation, was sent to PF stating that the order was not met. At the same time, TRF-4 trial judge João Pedro Gebran Neto, a reporter for the criminal offense of Lula's three-time punishment, who had previously been ordered by a PT prisoner, issued a warrant that the release was not respected. In view of all these controversies, the CNJ opened a procedure to determine whether any of these three magistrates committed a functional offense in that episode.
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Favreto points out that Moro, when challenged by the PF, should respond that it can not manifest because it was a decision of higher authority which was on vacation abroad. "Underline the weight of what this process can find out: How can the police allow the avoidance of a court order because the police officer has decided to" consult "a first instance judge on vacation? Is there a new judicial organization that sets a court judge as a judicial body to be to consult when a court judge issues a court order? A superpowers judge could even answer a police question?
The judge claims his decision was based on technical arguments and that the Brazilian judges are free to decide on their free belief. they agree with the decision, Favreto claims, may appeal to other courts, but never violate a court order. "A judge who is afraid of decisions is to weaken the judiciary and democratic state," he said.
Given the fact that he worked in the Government of Lule as Advisor to the Citizens' House and the Ministry of Justice, Favreto says this does not mean he has kept the relationship with the former president, and not that it would not be impossible to make a decision in habeas corpus PT. "The president can not be expected to be a friend of all the people who are in his government." GEBRAN READY CONCLUDED AFTER THE IMPROVEMENT OF ERRORS
Also in his defense case, Pedro Gebran Neto stated that he intervened in the case of assessing that Favreto had misused the habeas corpus petition in favor of Lule by providing incomplete information. Gebran said that the new fact Favreto made to justify the release, which was possible PT's presidential candidacy, was not an effective new fact.
"The alleged new fact justifying the postponement of the provisional measure in the HC – the candidate for the Presidency of the Republic of Luiz Inácio Lula da Silva – has nothing new and was announced on 25 January 2018, the day after the conviction of the 8th Criminal Appeal, Radnic Party initiated before the patient's candidacy, besides being raised and faced during criminal proceedings, and in the criminal appeals court claim that the process will be used as a means of political persecution, "said Gebrana's defense, signed by lawyer Flávio Pansieri and Diego Campos  Newsletter