#CONTROVERSIAL DECISIONS BY BRAZILIAN SUPREME COURT - STF’s MINISTERS AND ESPECIALLY MINISTER GILMAR MENDES PROMOTED OPEN LETTER AND PETITION BY CONVERGENCES* & SIMCOL’s OWNER RECEIVES THREATS
(*Informal coalition of dozens of civil movements throughout the country, which operate in proposing, drafting and forwarding guidelines in common)
http://www.peticaopublica.com.br/pview.aspx?pi=BR103802
HIGHLIGHTS (FROM WALL STREET JOURNAL):
• In a country where judges and prosecutors have gained celebrity status for tackling corruption, one Supreme Court justice has stood out as a powerful exception
• “The ethos of a country can’t be the fight against corruption,” Justice Mendes said in an interview at his office in Brasília, adding that now the situation “is returning to normality.”
• he ordered former billionaire Eike Batista released from jail, allowing the businessman to await the outcome of a bribery trial from the luxury of his mansion in Rio de Janeiro.
• Unlike in the U.S., Brazil’s Supreme Court serves as an appeals court for many criminal cases and has exclusive authority to try high-level public officials. Each of its 11 justices enjoys broad discretion and can often rule unilaterally.
• Critics say Justice Mendes’s stance makes him a key ally to members of Brazil’s elite as they try to declaw Car Wash before it arrives at their front door. He is frequently seen in public alongside politicians and businesspeople under investigation, including Justice Temer and top lawmakers.
• Brazilian businessman Eike Batista, center, left Federal Police headquarters in Rio de Janeiro in February after he was jailed on corruption and money-laundering charges. Mr. Mendes later ruled Mr. Batista could await the outcome of his trial at home. Photo: AFP/Getty Images
• “It’s not enough for the judiciary to be impartial—it should also appear impartial,” said José Robalinho Cavalcanti, president of a federal prosecutors’ association. “In all this behavior by Justice Gilmar…we see the potential for damage to the Supreme Court’s credibility.”
Write to Paul Kiernan at paul.kiernan@wsj.com
SEE ALSO:
LINK: http://bradoemunissono.blogspot.com.br/2017/12/suspicious-business-frontier-between_29.html
LINK: http://bradoemunissono.blogspot.com.br/2017/12/suspicious-business-frontier-between_29.html
#SUSPICIOUS BUSINESS
THE FRONTIER BETWEEN MORAL, ETHICS AND BIDDING OF THE DECISOR PUBLIC AGENT& SIGN IMPORTANT PETITION
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SOURCE/LINK: https://www.wsj.com/articles/brazil-judge-gilmar-mendes-draws-ire-of-graft-fighters-1505381406
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Brazil Judge Gilmar Mendes Draws Ire of Graft Fighters
‘The ethos of a country can’t be the fight against corruption,’ Supreme Court justice says
Supreme Court Justice Gilmar Mendes presided over the Superior Electoral Court in June as it decided not to annul President Michel Temer's presidency over illegal campaign funding in 2014. Photo: Getty Images
By
Paul Kiernan
Sept. 14, 2017 5:30 a.m. ET
4 COMMENTS
BRASÍLIA—In a country where judges and prosecutors have gained celebrity status for tackling corruption, one Supreme Court justice has stood out as a powerful exception.
In recent months, Justice Gilmar Mendes prevented the ouster of conservative President Michel Temer when he faced charges of illegal campaign funding. He called top prosecutor Rodrigo Janot the “most incompetent” attorney general in Brazil’s history. And he ordered former billionaire Eike Batista released from jail, allowing the businessman to await the outcome of a bribery trial from the luxury of his mansion in Rio de Janeiro.
“The ethos of a country can’t be the fight against corruption,” Justice Mendes said in an interview at his office in Brasília, adding that now the situation “is returning to normality.”
Unlike in the U.S., Brazil’s Supreme Court serves as an appeals court for many criminal cases and has exclusive authority to try high-level public officials. Each of its 11 justices enjoys broad discretion and can often rule unilaterally.
That gives the court significant power in the so-called Car Wash corruption probe that has roiled Brazil for three years. As some Brazilians grow weary of the scandals, the Supreme Court finds itself in the crossfire of a debate between hawks who favor tough prosecution and doves who long for a return to political stability.
Enter Justice Mendes. Citing defendants’ rights, the 61-year-old has questioned prosecutors’ use of tools such as plea bargains and pretrial detentions to extract evidence. He has also suggested he could revisit his support for sending convicts to prison while they appeal their sentences, sparking concern that defendants’ once-common practice of using endless appeals to stay out of jail could make a comeback.
“There’s a wing of the media and of course the public prosecutor’s office that understands the only good ruling to be one that denies habeas corpus,” he said in the interview. “There needs to be sense.”
Critics say Justice Mendes’s stance makes him a key ally to members of Brazil’s elite as they try to declaw Car Wash before it arrives at their front door. He is frequently seen in public alongside politicians and businesspeople under investigation, including Justice Temer and top lawmakers.
Brazilian businessman Eike Batista, center, left Federal Police headquarters in Rio de Janeiro in February after he was jailed on corruption and money-laundering charges. Mr. Mendes later ruled Mr. Batista could await the outcome of his trial at home. Photo: AFP/Getty Images
“He makes judgments based on the person’s importance,” said José Luiz Maffei, a 57-year-old accountant in São Paulo who created an online petition urging the Senate to impeach Justice Mendes. It has collected 883,000 signatures and counting.
Newsmagazine Veja sought to sum up what it saw as the national sentiment on its Aug. 25 cover, which portrayed Justice Mendes above the caption, “The Judge Who Disagrees With Brazil.”
Begun as a probe into money laundering through a Brasília carwash, the Car Wash investigation has expanded into Brazil’s largest-ever corruption dragnet, uncovering a vast network of inflated contracts and kickbacks from firms including state-owned oil firm Petróleo Brasileira SA, construction giant Odebrecht SA, and meatpacker JBS SA . The probe has led to convictions against scores of businessmen and politicians who long considered themselves above the law.
Justice Mendes’s aides say he strongly believes in due process, including for common criminals who are sometimes jailed for years without trial. They say this stance has sometimes made him appear to be an outlier at a time when Brazilians have lionized judges who have shown an eagerness to tackle corrupt officials.
The most consequential example of Justice Mendes’s stance came in June, when Brazil’s top electoral court—a separate body over which he presides as a Supreme Court justice—weighed ousting Mr. Temer over illegal campaign funding in the 2014 election, when he was then-President Dilma Rousseff’s running mate. The trial came weeks after a recording emerged in which Mr. Temer appeared to have encouraged the payment of hush money to a Car Wash witness. Mr. Temer has denied wrongdoing.
Many people expected the court, which has the power to remove elected officials, to deliver a coup de grâce to Mr. Temer’s presidency. Before Ms. Rousseff’s impeachment last year, Justice Mendes supported the trail, citing evidence that Car Wash money had found its way into the running mates’ campaign coffers.
But with Mr. Temer now installed in the presidency, Justice Mendes cast the tiebreaking vote in favor of the defense, saying the court should consider only evidence available at the time the case was filed. That was more than two years ago, before Odebrecht admitted to Car Wash prosecutors it had contributed illegally to the Rousseff-Temer campaign. Justice Mendes defended his vote by saying Ms. Rousseff, rather than Mr. Temer, was responsible for the illegal funding.
The justice’s hands-off approach has become more apparent since Car Wash began threatening Mr. Temer’s government and allies, says Rubens Glazer, a law professor who studies Brazil’s Supreme Court at the Fundação Getúlio Vargas in São Paulo.
In March 2016, when Ms. Rousseff gave her predecessor and mentor, Luiz Inácio Lula da Silva, a cabinet seat in the hope that he might help stave off her impeachment, Justice Mendes unilaterally struck down the appointment, saying it would shield Mr. da Silva from prosecution in Car Wash. Congress voted to oust Ms. Rousseff a month later.
“A year ago…there was a broad consensus on the court in support of Car Wash,” Mr. Glazer said. “The lack of consensus…coincided with the moment it began closing in on the [current] government.”
A government representative declined to comment on the Car Wash probe.
The son of a small-town mayor, Justice Mendes has held high-level jobs in Brasília since the early 1990s, when he served on the staff of disgraced former President Fernando Collor, who resigned amid a corruption scandal.
Justice Mendes says he has known Mr. Temer since they worked together on Brazil’s 1988 constitution. The judge’s agenda, which is public, shows two meetings and a dinner with the president in August. While Mr. Temer remains under investigation for alleged criminal conspiracy and obstruction of justice, the probe of corruption allegations against him has been suspended until he leaves the presidency.
“I talk with [politicians]. We create affinities and such. That doesn’t impede my judgment,” Justice Mendes said.
Not everyone agrees. After Justice Mendes ordered the release of Mr. Batista from jail in April, Brazil’s attorney general, Mr. Janot, asked the chief justice to nullify the decision and take Justice Mendes off the case. He noted that Mr. Batista was a client of the law firm where Justice Mendes’s wife is a partner, creating a possible conflict of interest. The chief justice hasn’t ruled on the request.
Mr. Batista’s lawyer said his client “reaffirms his commitment to clarifying the truth and is at law enforcement’s disposal to provide all necessary information.”
A similar situation occurred last month when Justice Mendes ended the pretrial detention of Jacob Barata Filho, who prosecutors allege is a key figure in a criminal organization said to run Rio’s bus system. The Car Wash task force outlined complex family and business ties between Justice Mendes’s wife and the bus magnate. Prosecutors said the justice, who was a guest of honor at the 2013 wedding of Mr. Barata’s daughter, should recuse himself. Justice Mendes defended his decision not to do so, saying he barely knows Mr. Barata. Mr. Barata denies any wrongdoing.
“It’s not enough for the judiciary to be impartial—it should also appear impartial,” said José Robalinho Cavalcanti, president of a federal prosecutors’ association. “In all this behavior by Justice Gilmar…we see the potential for damage to the Supreme Court’s credibility.”
Write to Paul Kiernan at paul.kiernan@wsj.com
• Copyright ©2018 Dow Jones & Company, Inc. All Rights Reserved.
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VIDEO LINK: https://www.youtube.com/watch?v=lfF0-YoX0kA&t=267s
SOURCE / LINK: http://cearanews7.com/dono-da-simcol-recebe-caacas-de-caio-asfor-por-querer-resircimento-de-r-7-milhoes/
Simcol’s Owner receives threats from Caio Asfor for wanting to reimburse R $ 7 million
Businessman Gilberto Borges
07/07/2017 query_builder 7:58
The businessman Gilberto Borges gave an interview on Thursday to the radio program Ceará News and reported his fight to recover R $ 7 million unduly withdrawn from the bankrupt company of the company Simcol by the office Rocha, Marinho e Sales, the lawyer Caio Asfor.
"An office of criminals snatched from my company, which is sub judice, handed over to justice. They have already taken R $ 7 million and want to take more, "said Gilberto, who struggles for this to happen.
The businessman still countered a note thrown by Caio, claiming that Gilberto was over 90 years old and might not be well off. "I'm lucid, I'm 83 years old. Who gave this report to them in Brasilia was personally with Minister Herman Benjamin [of the STJ], who is reporting Operation Expresso 150. There is also an accusation against Caio made by me, here in the Federal Police, for misappropriation, he is already being investigated in Fortaleza. The insane is demented in his language, but to denounce a thief, I know how to denounce. "
Very clear
Gilberto says that misappropriation, very clearly, is robbery, is a crime in the Penal Code, and that Caio will be condemned for it. He further stated that he is threatened all the time. The method used by Asfor and his class is coercion. He even had an affair with the liquid bankruptcy trustee, who could not stand the pressure. "The day the trustee went to testify in court, he gave an attack," Borges said.
To finish
Gilberto was kidnapped and has doubts if this would not have been at the command of Caio and his partners.
Watch the full interview
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SOURCE/LINK: https://istoe.com.br/negocio-suspeito/
Brazil
Suspicious business
Inquiry from the The Brazilian Public Prosecutor's Office (MP), to which ISTOÉ had access, identifies irregularities in the nationalization in 2013 of a private university, which belonged to Gilmar Mendes. Who sealed the transaction of R $ 7.7 million was former governor Silval Barbosa, a beloved friend of the minister of the STF
Octávio Costa and Tábata Viapiana
15.12.17 - 6:00 p.m.
Due to his controversial performance, Gilmar Mendes has displeased both the right-wing and left-wing (Credit: Photo: Carlos Humberto / STF)
The Brazilian Public Prosecutor's Office (MP) of Mato Grosso is about to file a complaint against the former state governor Silval Barbosa and four other people for acts of administrative impropriety. It would be just another lawsuit against a former state governor, imprisoned for almost two years accused of leading a criminal organization, if it did not involve one of the Republic's most controversial figures, owner of a prominent seat in the Brazilian judiciary: the the Federal Supreme Court Gilmar Mendes. The complaint is based on a long investigation, concluded by the MP in November, on the acquisition of a private university by the Mato Grosso government during the administration of Silval Barbosa. ISTOÉ had access to the survey. In it, the MP says that the transaction was marked by "administrative moral wrongdoing practices". The educational institution, located in the small municipality of Diamantino, was founded in 1999 by Gilmar Mendes and his sister, Maria da Conceição Mendes França. The two were partners in the business. The following year, in order to be able to assume the General Law of the Union, Gilmar had to pass on his share in society to his sister. In 2013, Maria da Conceição sold the institution to Unemat, the State University of Mato Grosso, for R $ 7.7 million. The government acquired 100% of the unit, including the entire structure of classrooms, laboratories and library of the four undergraduate courses (Law, Administration, Physical Education and Nursing). And he set up the Diamantino campus of Unemat there.
The Brazilian Federal Public Prosecutor's Office (MP) investigation
The devil lives in the details. The purchase, according to the MP, was fraught with irregularities. In addition to the suspicion of overbilling, the business was carried out with extrabudgetary resources from the State and without authorization from the Legislative Assembly. The prosecutor's office also pointed out that there is a lack of government planning when it comes to purchasing, as it sheds light on the lack of structuring of the teaching staff and the poor conditions of the facilities. Another particularity of the sale of the university that caught the attention of the Public Prosecutor's Office was the difference in footage of the terrain reported by Maria da Conceição in comparison to the study conducted by government technicians. According to the MP, "said teaching unit was previously evaluated by the Coordination of Real Estate Assessment with a total area of 164,852.49m2 and a constructed area of 5727.93m2 (4,967.93m2 building and 760m2 shed). However, by offering the mentioned unit to the State, the director partner of UNED, Maria da Conceição Mendes França, specified different footage, namely: total area of 16.4852 ha and constructed area of 7,565.21 m2. " Initially, Maria da Conceição even offered the campus to the state for R $ 8.1 million, but an evaluation of the Secretary of Administration pointed out that the campus was worth R $ 7.7 million, the final value of the contract. Decree 1931 that sealed the deal was signed by Silval Barbosa on 09/13/2013.
Searching for the ISTOÉ report, Minister Gilmar Mendes confirmed that he was a member of the UNED until the year 2000, when he took over the Federal Attorney General's Office, but said that he had no participation in the sale of the university. In Brasília, however, even the emas that circulate through the palace gardens know that it is the practice in the public service to transfer property to relatives only to conform to the legal impositions. A mere formality. In practice, in general, the former owners continue to influence the destinations of companies. It is what the indications point here in this transaction beyond suspicion. Although Maria da Conceição was formally legally responsible for concluding the business, it is difficult to believe that a 63-year-old woman residing in the interior of Mato Grosso had direct access to the governor of her state to persuade him to buy a university particularly deficient, located in a municipality of only 21 thousand inhabitants. Worse when the governor in question is Silval Barbosa. In 2015, after being subject to a search warrant and arrest in his home, he was caught in a staple of the Federal Police in conversations at the least improper with Gilmar Mendes. "How absurd that. A hug of solidarity there, "said the minister of the STF in the telephone conversation. In 2013, Gilmar himself summarized his relationship with Silval: "We have been friends for many years, we always have very fruitful conversations." Besides the close ties with the former governor, the influence that the minister Gilmar Mendes exerts until today in Mato Grosso is public and notorious. In one of the hottest discussions ever seen in the Plenary of the Supreme Court in 2009, former Minister Joaquim Barbosa used this argument to attack his court colleague. "Your Excellency, when you address me, you are not talking to your Mato Grosso henchmen," Barbosa said.
Another important issue that involves the nationalization of the UNED is why the state would buy a private university when the most common is the reverse, privatization? At the time of the acquisition of UNED, the State University of Mato Grosso already had 11 campuses and was in the process of purchasing a 12th building. After this business, Unemat did not acquire any other private institution. That is to say, it was a sui generis purchase - very unique, of course. In the investigation, the Public Prosecutor's Office concluded that there was no government forecast to expand its activities to the Diamantino region, which raises more suspicions about the purchase. "At no time is a study looking at the impact on the payroll of Unemat, especially in view of the need to carry out a public tender. That's why the institution's staff is mostly made up of precarious employees, "said prosecutor Daniel Balan Zappia.
Call to testify to the MP in August 2016, the sister of Gilmar Mendes denied the irregularities. He alleged that his university faced financial difficulties due to the students' default. There were about 900 students in 2013. In the investigation, however, the MP revealed the practice of illicit. The prosecution has not yet decided how to frame the Supreme Minister's sister, but the main tip on the other side of the balcony, former governor Silval Barbosa, will be denounced based on three articles of the Administrative Improbity Act.
The MP does not rule out the connection between the nationalization of Diamantino University and the hiring of the Instituto Brasiliense de Direito Público (IDP) - coincidentally, owned by Gilmar Mendes - to conduct a public tender to recruit 430 servants to the Legislative Assembly of State. The public notice was also the subject of an investigation by the Public Prosecution Service. The IDP is another incursion of the minister Gilmar Mendes in the academic world and that also has raised a series of suspicions.
"We have been friends for many years and we always have very fruitful conversations"
Gilmar Mendes, about his relationship with former governor Silval Barbosa, the person responsible for acquiring the university of which he was a partner
Founded in 1998 in Brasília, IDP offers courses, both face-to-face and distance, of graduation, extension, specialization and master's degrees in the areas of Law and Public Administration. Gilmar Mendes is one of the founding members of the Institute. Since its foundation, the educational institution is surrounded by controversies. One of them is precisely the performance of Mendes in the IDP as minister of the STF. There is talk of ethical conflict. Between 2003 and 2008, IDP signed agreements of at least R $ 1.6 million, including with federal government agencies, without bidding. This year, Lava Jato found that the Institute received R $ 2.1 million from the J & F holding company that controls JBS as sponsorship for five events.
Spotlights Now entangled in yet another suspicion, Gilmar Mendes for a long time emerged as a member of the technical wing of the STF, along with other ministers, such as Celso de Mello and Ayres Britto. The formation of Gilmar has always been very respected. Suddenly, however, it is not known exactly why, the minister abandoned the toga liturgy and started to search the spotlight at all costs. He began to give an opinion on all matters of interest to the country. And he became accustomed to having harsh discussions with STF colleagues. Their positions invariably go against the public's longing to end impunity against politicians and powerful. With his fiery vows, Gilmar Mendes has become a controversial and unpopular figure.
Among the recent controversy of the minister, are votes for the release of businessman Eike Batista, former minister Jose Dirceu and former deputy Eduardo Cunha. Gilmar also expresses criticism of Lava Jato's investigations, said that the prisons in Curitiba "have stretched too long", and now, in a gesture contrary to the interests of society, either review an understanding of the STF itself that allows execution of the sentence after confirmation of the judgment at second instance. The measure would directly benefit powerful convicts.
But Gilmar's most vulnerable decision involves businessman Jacob Barata Filho, known as the "bus king" in Rio de Janeiro. He was arrested three times, and in all of them, he was released thanks to habeas corpus of Gilmar's tilling. It turns out that the minister was godfather of marriage of the daughter of Barata in 2013. There is a relationship of proximity between investigated and judge. There is an ethical problem. Not in Gilmar's eyes. He sees no conflict of interest and has not declared himself prevented from judging the cases of Barata Filho. He says that being a best man is not intimacy. In October of this year, during a heated chat with Minister Luís Roberto Barroso, Gilmar was cornered: he heard from his court colleague that it is a judge who "distills hatred and changes the jurisprudence according to the defendant." Barroso recommended that Gilmar listen to a song by Chico Buarque, which says: "anger is the daughter of fear and mother of cowardice". Makes sense. Gilmar needs to hear more of the calls from the streets, because today he is one of the few unanimity in a divided country: he can provoke reactions of dislike on the right and left.
For MP, Gilmar Mendes Law Institute
may be involved with university purchase
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SOURCE / LINK:
http://convergencias.org.br/petica-publica-de-apoio-a-carta-aberta-ao-stf/
PUBLIC PETITION TO SUPPORT THE OPEN LETTER TO STF
December 27, 2017 Convergences Convergence 11
The Public Petition to Support the Open Letter to the Supreme Court has just been created, in which discretion, respect for the Constitution and LOMAN (Organic Law of the National Judiciary) is called for, attention to Minister Gilmar Mendes and President Carmen Lúcia herself, which would have anticipated habeas corpus ruling to former president Lula, in case of conviction of 2nd instance on January 24, 18.
The Charter mentions several aspects related to the mode of the single (monocratic) decisions that are creating legal insecurity in the Country, since the STF must decide processes in collegial form. That's what the Supreme Court is for.
The Document will be filed at the Secretariat of the Supreme Court on January 8, 18, and is receiving signatures from various entities and movements. If you would like to support the initiative, we ask that, as individuals, support the Public Petition now created for this. Spread, spread, press the authorities and show who really owns the country: the Brazilian People.
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CREATED ELECTRONIC LIST OF SUPPORT FOR POPULAR ACTION BY THE VOTE IN CÉDULA
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SOURCE/LINK: http://www.peticaopublica.com.br/pview.aspx?pi=BR103802
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BY A STONY IDEA, COLLEGED DECISIONS AND DISCRIMINATION
To: STF - CHAMBER OF DEPUTIES - SENATORS - FEDERAL JUSTICE
THE BRAZILIAN PEOPLE WANT A TECHNICAL AND RELIABLE IDF STF, THAT DOES NOT REFORM JUDGMENTS WITH DECISIONS OF JUST A MINISTER AND THAT THEIR MINISTERS DO NOT SPEAK OUT OF THE CARS, OR ANTICIPATE JUDGMENTS. WE WANT JUDGES AND NOT ASTROS!
The ministers of the STF - Federal Supreme Court - have acted in a strange way, as Minister Gilmar Mendes, who even presented a PEC by changing from the regime of government to semi-presidentialism, as well as, adopted with little criterion, the monocratic decisions - the one in which a minister decides alone - when it is expected that in the highest Judicial Court of the Country, decisions on processes should be collegiate.
Even Carmen Carmen Lúcia anticipated, according to "The Antagonist", her decision on a possible habeas corpus to former president Lula, if convicted in 2nd Instance by TRF / 4 / RS, when she could be arrested. This, besides being immoral, is illegal.
The STF posture has generated legal and institutional insecurity, which is why Convergências, a coalition of civil movements and activists, has drawn up a Letter to the Federal Supreme Court, drawing attention to such situations and consequences, as well as calling for an immediate change of posture, in compliance with the Law and the institutionalized Order.
Support the Open Letter (which you can find at http://convergencias.org.br/movimentos-civis-assinam-carta-aberta-ao-stf/)
DIVULGATE, SPREAD, INVITE YOUR FRIENDS. IF WE DO NOT HAVE A SUPREME TRIBUNAL RELIABLE, WHAT TO DO THEN?
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