Brazilian Bar Association Expects Offensive Against Moro After STF Decision on Partiality

RIO DE JANEIRO, BRAZIL – The Brazilian Bar Association (OAB) has never been fond of the ex-Minister of Justice Sérgio Moro. Felipe Santa Cruz, the association’s chairman, was once denounced by the Prosecutor’s Office after calling the former Lava-Jato judge a “gang leader” for allegedly knowing about the content of messages from targeted hacked officials last year.

After leaving the Bolsonaro government accusing the President of trying to politically interfere with the Federal Police, Moro may now need the class organization to establish one of his potential new professional activities. The former magistrate believes he can work in private enterprise as an attorney – friends of the ex-judge confided that he would only not agree to work in financial crime litigation – and to that end, he would need to be registered with the OAB.

For now, despite the clash with Santa Cruz, there are no restrictions within the OAB for the ex-minister to register as an attorney. Even after a group of attorneys announced that they intend to challenge Moro’s registration with the OAB, the assessment of members of the association’s leadership is that, as Moro was not included on the “list of infringement of rights,” there would be no reason to bar him from the profession.

The mention of a potential infringement of rights is not unfounded. The willingness to grant him the registration would change should the Federal Supreme Court (STF) declare that Sergio Moro failed to act impartially when judging ex-president Lula in Lava-Jato. Based on a kind of certificate of guilt issued by the Supreme Court, OAB officials expect that pressure to prevent Moro from practicing law will be great.

A similar situation has already been experienced by former STF Chief Justice Joaquim Barbosa, who was impeached by the current governor of the Federal District Ibaneis Rocha following the Mensalão trial, and by former Prosecutor General Rodrigo Janot for disclosing to VEJA that he had a plan to assassinate STF Justice Gilmar Mendes.

The process that will decide whether or not Sergio Moro acted impartially in Lava-Jato is in Mendes’ hands. The trial began in 2018 and has two votes – out of a possible five – in favor of the argument that the ex-judge was impartial. Gilmar Mendes and Ricardo Lewandowski are expected to vote against Moro, which would lead to a tie, with Justice Celso de Mello having the final say.

Mello retires on November 1st when he turns 75. If the case is not judged by then, Moro’s fate may be decided by Mello’s successor, still to be appointed by President Jair Bolsonaro, or by the tie vote itself, which would benefit the defendant, in this case, ex-president Lula, who challenged the ex-judge’s impartiality. A blow to the former Lava-Jato magistrate dealt by the STF would enable the leftist ex-president to return to having a clean record, albeit temporarily, that would permit him to run for elective office.

Source: Veja