Malucelli did not revalidate Tacla Duran’s arrest, but should he act in the case? – 04/16/2023

Based on the information disclosed by the TRF4 website, the country’s main communication vehicles reported on Thursday (13) that the judge Marcelo Malucelli would have revalidated the arrest warrant against lawyer Rodrigo Tacla Duran, known disaffection of the former judge and senator Sergio Moro. The interpretation of Malucelli’s decision was made erroneously by the court’s press office, which corrected the news some time later.

The initial information gained great repercussion due to the proximity of the judge to the former judge and senator – the TRF4 member is the father of João Eduardo Malucelli, a partner of Moro and his wife, Rosângela, in a law firm in Curitiba. In recent testimony given to the current Lava Jato judge, Tacla Duran made serious accusations against the senator and against Deltan Dallagnol, involving them in an accusation of extortion and purchase of court decisions.

So, judging by the first news, Marcelo Malucelli would be preventing an opponent of Moro from going in person to the 13th Court of Curitiba to detail his complaints against the former judge. A circumstance that justifies much suspicion.

However, the TRF4 portal corrected the information on the court’s website – and this column, which reproduced the news from the court’s press office, like other communication vehicles, also makes the correction. The judge himself clarified to the Federal Supreme Court (STF) that “the decision issued in the Partial Correction is restricted to what was postulated, with no possibility of expanding it to another issue – such as a prison decree -, which does not exist in the decision”.

However, the fact that Marcelo Malucelli did not revalidate Tacla Duran’s preventive detention does not end the issue.

In the opinion of the jurist and columnist of the UOL Walter Maierovitch, the judge should not have dispatched a lawsuit that somehow mentions Moro, his son’s partner. Whether the decision is in favor or against the former Lava Jato judge.

Although there is no express legal impediment, Malucelli’s participation in the process raises important questions. “When talking about suspicion or impediment, the legislator wanted to preserve the image of the impartiality of Justice. If there is a point that generates mistrust, even if not expressly provided for in the law, the judge should step aside”, says Maierovitch.

The jurist resorts to one of the most repeated and most useful maxims for agents of the Judiciary. “It’s the old lesson of Caesar’s wife: it’s not enough to be honest, she has to appear honest”, he confirms.

May the judge Marcelo Malucelli reflect on this sentence before deciding on any action involving Senator Sergio Moro or his wife, Deputy Rosângela Moro, his son’s partners in a law firm.