The decision delivered today (02/21) by the Regional Federal Court of the 4th Region (TRF4) violates the constitutional right to a fair hearing (Brazilian Constitution/1988, Article 5, LV), which upheld Judge Sérgio Moro’s decisions that prevented attorney Rodrigo Tacla Duran to be heard as a witness. The defense will appeal the decision as soon as the appellate decision is published by TRF4.
Tacla Duran was called as a witness by former President Lula’s technical defense in the Motion for Impeachment of Document No. 5037409-29.2017.4.04.7000/PR. In such proceeding we questioned the trustworthiness of the documents used by the Federal Attorney’s Office (MPF) in the record of the Criminal Proceeding No. 5037409-29.2017.4.04.7000.
The Odebrecht’s former lawyer declared at the JBS Joint Parliamentary Committee of Investigation to be aware of tampered documents related to Odebrecht being used in criminal proceedings. In a videoconference with Lula’s defense, which was recorded in notarial minutes and in video, both taken to Judge Sérgio Moro and the Regional Federal Court of the 4th Region, Mr. Duran also confirmed that he is able to contribute to the investigation of the facts pertaining to the Motion for Impeachment of a Document the former President filed.
The law says that “all persons may be witnesses” (Code of Criminal Procedure, art. 202). Tacla Duran clarified during a videoconference with us that he is being heard as witness through letters of request sent to judges in various foreign countries. According to Duran, the judge of the 13th Federal Criminal Court of Curitiba even issued a letter of request to Spain, at the request of the Federal Attorney’s Office, but the act was not performed.
There is no legitimate reason for the refusal to hear Tacla Durán’s testimony, and it is expected that this will be acknowledged by the higher courts.
CRISTIANO ZANIN MARTINS