Supreme Court's decision favors other Car Wash defendants

The decision of Justice Edson Fachin, of the Federal Supreme Court (STF), that withdrew four criminal cases against former President Luiz Inácio Lula da Silva from the 13th Federal Court of Curitiba has greater repercussions for the future of Operation Car Wash than the case on the suspicion of former Judge Sergio Moro, under consideration by the STF's 2nd Panel.Still, experts heard by Valor say the understanding of the rapporteur of the Car Wash case in the STF does not have the potential to undermine the results of the operation that resulted in the conviction of 174 people in the Federal Court of Paraná. "Car Wash is unscathed. The operation was not affected by this decision," Carlos Velloso, a retired STF justice, says.

Lawyers say defendants convicted in four cases involving Mr. Lula tend to automatically benefit from Edson Fachin's decision, if it is confirmed by the STF's 2nd Panel or by the plenary. "The declaration of incompetence has an objective nature and affects the case as a whole," attorney Alberto Zacarias Toron says. He represents Fernando Bittar, pointed out as the owner of a ranch in Atibaia, which Mr. Lula was previously accused of being the real owner.

Messrs. Lula and Bittar, businessman Emilio Odebrecht and seven other people were convicted in the case of the Atibaia ranch. If Justice Fachin's decision is confirmed, the charges against these defendants should also be withdrawn from Curitiba.

A different situation is that of defendants convicted in other cases and whose illicit facts have no direct relation with Petrobras. Justice Fachin's decision can be used by them as an argument to have their cases analyzed in other states and thus deflate the work of the 13th Federal Court of Curitiba.

"The effect is not automatic, but it is already possible to use the decision to request the transfer of jurisdiction. You don't have to wait for confirmation [of Justice Fachin's monocratic decision] by the 2nd Panel or by the plenary," says criminal lawyer Pierpaolo Bottini, who had Car Wash defendants as clients.

According to lawyers, people accused by the Paraná Prosecution Service for crimes with no direct connection with the state-owned company have already raised the thesis of incompetence as a defense argument. "Defendants in this situation with pending habeas corpus petitions will benefit," criminal lawyer Davi Tangerino says.

The thesis of incompetence of the 13th Federal Court of Curitiba was not introduced by Justice...

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