sexta-feira, 20 de setembro de 2013

Rapporteur of resources, Fux diverged only three times the monthly allowance Barbosa

" Rapporteur of resources, Fux diverged only three times the monthly allowance Barbosa

In 112 votes on 37 defendants , who else Fux was followed rapporteur action .
Ricardo Lewandowski Chartered bucked Joaquim Barbosa 47 times .
Mariana OliveiraDo G1 in Brasilia
20 ? 09/ 2013
The Justice Luiz Fux , who is the rapporteur noSupremo Court (STF ) resources that allow new trial for 12 convicts in the process of the monthly allowance , only disagreed with the rapporteur of the criminal action , Minister Joaquim Barbosa , on three occasions during the trial on 112 votes last year, which ended with 25 convictions and 12 acquittals .
According to a survey of the G1 , Fux was the minister who followed more Joaquim Barbosa , identified by lawyers as the magistrate harder punishments in defending those accused of involvement in the scheme , according to the Supreme consisted of buying votes of parliamentarians allied base during the early years of the government of former President Luiz Inacio Lula da Silva .
Although Fux was the minister more aligned with the positions of Barbosa , the fact that he was the rapporteur of the new features , so-called embargoes infringing , necessarimente not mean a disadvantage for the defendants , since decisions on convictions depend on the votes of all ministers .
SEE HOW MANY TIMES EACH MINISTER diverged BARBOSA NO Mensalão
Ricardo Lewandowski
47
Dias Toffoli
39
Rosa Weber
29
Marco Aurélio Mello
27
Carmen Lucia
25
Gilmar Mendes
9
Celso de Mello 7
Ayres Britto 6
Luiz Fux 3
Cezar Peluso ( attended only 24 of 112 votes ) 2
As its name indicates , the rapporteur is the minister who makes a report to the other applications of defense and prosecution arguments . Then he presents his own vote, which is the basis for the manifestation of other ministers who can bring new arguments and say whether they agree or disagree with the rapporteur's position .
The minister further antagonized the rapporteur Joaquim Barbosa in the trial of the monthly allowance was Ricardo Lewandowski , reviewer of prosecution ; With it , Barbosa caught váriosembates rough and discussions during the nearly five -month trial last year . At the trial of infringing embargoes , no reviewer - only rapporteur .
Luiz Fux was drawn from nine ministers to be the originator of infringing embargoes - not part of the draw Barbosa and Lewandowski reviewer and rapporteur for being the criminal . These embargoes apply to the 12 convicts who had at least four votes in favor and with this feature may try to reverse convictions for conspiracy and money laundering .
After the Supreme considered valid the feature that allows retrial and before being defined who would be the new rapporteur, Marcelo Leonardo lawyer who defends Marcos Valerio , said that "any " other minister of the Supreme would be better for those convicted of what Barbosa .
" Any minister will be better than Joaquim Barbosa . Everyone saw the conduct of proceedings by him . This [ say no favors ] would deny the obvious ," said the lawyer .
Once you know what would be the rapporteur Fux resources , said Leonardo maintains the view even taking into account that Luiz Fux did most of the votes followed Barbosa .
" I maintain my position . 's Different voting on condition vowel ( minister who is neither statutory nor rapporteur ) and the rapporteur. A big difference is that the Justice Luiz Fux is career magistrate , lawyers receive , receives memorials . 's Another situation , "he told G1 .
Joaquim Barbosa has publicly stated more than once that considers promiscuous relations between judges and lawyers and that only gets defense lawyers in the presence of the prosecutor .
112 votes on the various reported crimes by prosecutors Fux only diverged from Joaquim Barbosa regarding the former leader of the Rural Bank Ayanna Tenorio , in charge of mismanagement , and on charges of tax evasion and partner Zilmar contraDuda Mendonça Fernandes . In all three cases , Barbosa voted for conviction and Fux , for acquittals .
During the trial last year , Fux called crimes of the monthly allowance " megadelitos " and even said that the Rural Bank served as " a veritable laundry money."
" The banking entity served as a real laundry money, this should be the name , or mismanagement , or reckless management , management should be dark . "
celerity
On Thursday ( 19 ) Fux said through a statement that you want to bring to trial the plenary embargoes infringers " as soon as all parties to manifest ."
He referred to the period for which the defendants present appeal, after the publication of the judgment of the first resources , and the opinion of the federal prosecutors on the subject .
The judgment is the document that summarizes the decisions taken and , by statute , must be published within 60 days , or until November . After publication , the condemned may submit infringing within 30 days . Then the prosecutor will have another 15 days to present its position .
Only after the outbreak of the parties ( defense and prosecution ) , which Fux , as rapporteur , will check if the offender has obtained at least four affirmative votes and if the feature is on schedule . Afterwards, you can still ask if you find new evidence needed to make a vote . The next step is to take the case to trial in plenary. This analysis phase has no pre-determined time and duration depends only on himself relator .

The decision on keeping or not punishments or penalties will be the plenary of the Supreme , ie , the set of 11 ministers , which features two new judges in relation to the composition that judged the case last year , Teori Zavascki”


Access: 20.09.2013





The Justice Luiz Fux , who is the rapporteur noSupremo Court (STF ) resources that allow new trial for 12 convicts in the process of the monthly allowance , only disagreed with the rapporteur of the criminal action , Minister Joaquim Barbosa , on three occasions during the trial on 112 votes last year, which ended with 25 convictions and 12 acquittals .
According to a survey of the G1 , Fux was the minister who followed more Joaquim Barbosa , identified by lawyers as the magistrate harder punishments in defending those accused of involvement in the scheme , according to the Supreme consisted of buying votes of parliamentarians allied base during the early years of the government of former President Luiz Inacio Lula da Silva .
Although Fux was the minister more aligned with the positions of Barbosa , the fact that he was the rapporteur of the new features , so-called embargoes infringing , necessarimente not mean a disadvantage for the defendants , since decisions on convictions depend on the votes of all ministers .
SEE HOW MANY TIMES EACH MINISTER diverged BARBOSA NO Mensalão
Ricardo Lewandowski
47
Dias Toffoli
39
Rosa Weber
29
Marco Aurélio Mello
27
Carmen Lucia
25
Gilmar Mendes
9
Celso de Mello 7
Ayres Britto 6
Luiz Fux 3
Cezar Peluso ( attended only 24 of 112 votes ) 2
As its name indicates , the rapporteur is the minister who makes a report to the other applications of defense and prosecution arguments . Then he presents his own vote, which is the basis for the manifestation of other ministers who can bring new arguments and say whether they agree or disagree with the rapporteur's position .
The minister further antagonized the rapporteur Joaquim Barbosa in the trial of the monthly allowance was Ricardo Lewandowski , reviewer of prosecution ; With it , Barbosa caught váriosembates rough and discussions during the nearly five -month trial last year . At the trial of infringing embargoes , no reviewer - only rapporteur .
Luiz Fux was drawn from nine ministers to be the originator of infringing embargoes - not part of the draw Barbosa and Lewandowski reviewer and rapporteur for being the criminal . These embargoes apply to the 12 convicts who had at least four votes in favor and with this feature may try to reverse convictions for conspiracy and money laundering .
After the Supreme considered valid the feature that allows retrial and before being defined who would be the new rapporteur, Marcelo Leonardo lawyer who defends Marcos Valerio , said that "any " other minister of the Supreme would be better for those convicted of what Barbosa .
" Any minister will be better than Joaquim Barbosa . Everyone saw the conduct of proceedings by him . This [ say no favors ] would deny the obvious ," said the lawyer .
Once you know what would be the rapporteur Fux resources , said Leonardo maintains the view even taking into account that Luiz Fux did most of the votes followed Barbosa .
" I maintain my position . 's Different voting on condition vowel ( minister who is neither statutory nor rapporteur ) and the rapporteur. A big difference is that the Justice Luiz Fux is career magistrate , lawyers receive , receives memorials . 's Another situation , "he told G1 .
Joaquim Barbosa has publicly stated more than once that considers promiscuous relations between judges and lawyers and that only gets defense lawyers in the presence of the prosecutor .
112 votes on the various reported crimes by prosecutors Fux only diverged from Joaquim Barbosa regarding the former leader of the Rural Bank Ayanna Tenorio , in charge of mismanagement , and on charges of tax evasion and partner Zilmar contraDuda Mendonça Fernandes . In all three cases , Barbosa voted for conviction and Fux , for acquittals .
During the trial last year , Fux called crimes of the monthly allowance " megadelitos " and even said that the Rural Bank served as " a veritable laundry money."
" The banking entity served as a real laundry money, this should be the name , or mismanagement , or reckless management , management should be dark . "
celerity
On Thursday ( 19 ) Fux said through a statement that you want to bring to trial the plenary embargoes infringers " as soon as all parties to manifest ."
He referred to the period for which the defendants present appeal, after the publication of the judgment of the first resources , and the opinion of the federal prosecutors on the subject .
The judgment is the document that summarizes the decisions taken and , by statute , must be published within 60 days , or until November . After publication , the condemned may submit infringing within 30 days . Then the prosecutor will have another 15 days to present its position .
Only after the outbreak of the parties ( defense and prosecution ) , which Fux , as rapporteur , will check if the offender has obtained at least four affirmative votes and if the feature is on schedule . Afterwards, you can still ask if you find new evidence needed to make a vote . The next step is to take the case to trial in plenary. This analysis phase has no pre-determined time and duration depends only on himself relator .


Access: 20.09.2013

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