New Lava Jato judge, who has already supported Moro, faces “test by fire” in upcoming cases; understand

Fábio Nunes de Martino, the new Lava Jato judge in Curitiba, will face a series of challenges ahead of the 13th Federal Court. That’s because, his next decisions related to the processes of diversion of resources in Petrobras are being awaited as “tests by fire” by attorneys and lawyers of defendants involved in the cases.

In recent months, the 13th Federal Court has undergone significant changes, with the removal of the titular judge Eduardo Appio and the transfer of the then substitute judge Gabriela Hardt. In addition, an extraordinary correction, a kind of audit, was carried out by the Corregedoria of the CNJ (National Council of Justice).

Until last week, Martino had already conducted at least 2 hearings to question defendants, however, he had not yet signed weighty decisions or sentences. Among the “tests by fire” expected in the coming days are requests to release large sums of money from defendants.

Martino will also have to analyze another case considered relevant to the direction of the operation, which is a petition presented by Alberto Youssef’s defense. The petition seeks access to all investigations already carried out in relation to the case of the environmental listening device found in 2014 in the Federal Police jail in Curitiba, where the money changer was imprisoned.

However, Martino should not act in cases that generated controversy in recent months, when the 13th Court was under the responsibility of Eduardo Appio. These cases include lawsuits involving lawyer Rodrigo Tacla Duran and businessman and former state deputy Tony Garcia, who were suspended by decision of the Federal Supreme Court (STF) and should no longer be moved in Curitiba.

These actions involve accusations against former Lava Jato authorities, such as former judge Sergio Moro and former prosecutor Deltan Dallagnol, the latter having recently had his mandate as a federal deputy revoked.

Initially, Martino was assigned to work at the 13th Federal Court of Curitiba from June 19 to July 15. However, his term of action will be extended each month, until the preliminary procedure under way at the Corregedoria of TRF-4 (Federal Regional Court of the 4th Region) against Appio is completed.

Moro support

Born in Rio de Janeiro, Judge Martino, 46, was working at the 1st Federal Court in Ponta Grossa (PR) before taking over Operation Lava Jato on June 19.

So far, the magistrate has chosen not to grant interviews to the press. Among his peers, he is known for his discretion and technical approach, but stood out for having expressed support for former federal judge Sergio Moro in June 2019.

That year, when former judge Sergio Moro was already Minister of Justice in the government of Jair Bolsonaro (PL), the site The Intercept Brazil began the dissemination of messages exchanged between Moro and members of the Federal Public Ministry (MPF) during the height of Operation Lava Jato.

In response to the scandal, 271 federal judges, including Martino, signed a public letter in which they expressed that the content of the hacked messages “does not offend the principle of impartiality that governs the conduct of a magistrate” and only shows a “routine republican inter-institutional dialogue in all forums in the country”.