RIO DE JANEIRO, BRAZIL – Lava Jato Judge Marcelo Bretas, of the 7th District Criminal Court of Rio, denied former President Michel Temer’s request to travel to the UK to give a lecture at the Oxford Union, a student debating society. In the request, the former president sought authorization to use his diplomatic passport. The trip was scheduled for October 13th to 18th.
“It should be noted that the petitioner’s circumstances are not the same as those of a free individual. There are very serious charges against him, which are the subject of two criminal proceedings underway in this court. Were it not for the contrary decision of a higher court, according to the understanding initially expressed by this court, later voted by the Federal Appeals Court for the 2nd Region [TRF2], the petitioner would most likely still be detained preventively, since the arguments presented here have not changed my conviction as to the need for his custody, “wrote Bretas in the decision.
In another passage from the decision, Judge Bretas said it is inconceivable for him to authorize Temer to take an international trip, with the use of a diplomatic passport, to attend an academic event, because of the conflicting situation of the former president with his status as a defendant in criminal proceedings for the practice of acts of corruption.
Bretas added in his decision that approval of the Superior Federal Court (STJ) would be required to grant an exception to a precautionary measure in a situation of extreme need, such as health care.
Judge Bretas plays Hardball with Temer
Former President Michel Temer was remanded into custody by Judge Marcelo Bretas on March 19th this year. Temer was arrested in São Paulo two days later. On March 25th, Judge Antonio Ivan Athié, rapporteur of the habeas corpus suit brought by the defense, granted the injunction to order the release of Temer, without the imposition of any precautionary measure.
However, the TRF2 Panel overturned the injunction and denied the writ of habeas corpus on May 8th. The defendant was again arrested the next day.
On May 15th, the 6th STJ Panel granted an injunction to replace Temer’s pre-trial detention with precautionary measures, including a ban on leaving the country without judicial authorization and the surrender of his passport. The former president was released on the same date.