SUSTENTAÇÃO ORAL TJ/GO - APELAÇÃO CRIMINAL - 2ª Câmara Criminal

Summary

In a compelling courtroom defense, the speaker argues for the annulment of various legal decisions in the operation Dejavu case. The defense emphasizes numerous legal irregularities, including jurisdictional errors and improper judicial decisions, particularly the incorrect assignment of cases and the failure to respect legal boundaries in criminal investigations. The defense presents a robust case, calling for a careful review of these significant procedural faults to ensure justice is served. The speaker urges the court to uphold the law and ensure the respect of legal principles, even in complex and difficult cases like this one.

Takeaways

• 😀 The speaker begins by addressing the president and other members of the court, setting a formal tone for the argument.
• 😀 The speaker references Oliver Wendell Holmes Jr.'s quote about 'hard cases making bad law,' which implies that difficult cases may lead to flawed legal precedents.
• 😀 The case at hand involves a police operation called 'Operation Dejavu,' which resulted in the appellant receiving a sentence of 42 years, 9 months, and 10 days of imprisonment.
• 😀 The speaker argues that the case is a 'hard case' due to its complexity and the numerous legal violations that occurred, which should be carefully considered by the court.
• 😀 The speaker presents three main preliminary arguments: 1) the violation of federal jurisdiction, 2) manipulation of jurisdiction, and 3) the nullity of decisions made during the investigation phase.
• 😀 The first argument involves the violation of federal jurisdiction, stating that 'Operation Dejavu' is a continuation of 'Operation Esmeralda' from 2014, which had previously been recognized as a federal case by the Supreme Court.
• 😀 The speaker highlights that 'Operation Dejavu' involved the same criminals and drug suppliers, and that drugs were transported across the Bolivian border, making the case subject to federal jurisdiction.
• 😀 The second argument addresses the manipulation of jurisdiction, where the speaker claims that the investigation's measures, such as wiretaps, were handled by the wrong court, specifically a state court instead of a specialized court dealing with organized crime and money laundering.
• 😀 The speaker asserts that the ninth criminal court of Goiânia should not have issued the wiretap orders, as a specialized court had jurisdiction for such cases since 2019.
• 😀 The third argument centers on the lack of proper legal foundation for the wiretap orders and other investigative measures, where the court simply copied a previous decision without addressing the new targets, including the appellant, thus making the decision null and void.
• 😀 In conclusion, the speaker emphasizes that while the case is serious, the legal violations and mistakes in jurisdiction must be corrected to ensure justice, and calls for the appeal to be granted.

Q & A

What is the significance of the term 'hard case' in the context of the script?

The term 'hard case' refers to a complex legal situation that may lead to bad precedents. In the script, the speaker uses this term to highlight the challenging nature of the case they are discussing, which involves numerous legal complications and a high sentence.

What does the speaker imply by the phrase 'hard Case usually makes Bad Law'?

The speaker quotes American Supreme Court Justice Oliver Wendell Holmes Jr., suggesting that difficult or complex cases often lead to the creation of bad legal precedents due to their complexity and challenges in finding clear solutions.

What is the 'Operação Dejavu', and how does it relate to the previous investigation?

Operação Dejavu is a police operation mentioned as a continuation of a previous investigation, 'Operação Esmeralda'. It was initiated in response to ongoing drug trafficking activities, with the key players being the same individuals involved in the earlier operation.

Why does the speaker argue that the case should be handled by the Federal Court?

The speaker argues that since Operação Dejavu is a continuation of Operação Esmeralda, which was transferred to the Federal Court due to its transnational nature, the jurisdiction should remain with the Federal Court. This is because the trafficking involved crossing borders, specifically into Bolivia.

What role did the police jurisdiction play in this case?

The speaker criticizes the local police (DENARC) for investigating matters beyond their jurisdiction, noting that certain investigations should have been handled by the Federal Police instead, especially considering the international nature of the trafficking involved.

What issue does the speaker raise about the judicial decision-making process?

The speaker points out issues regarding the competence of the court handling the case, particularly the improper approval of wiretaps and other investigative measures by a judge who was not specialized in criminal organizations, as required by law.

What does the speaker mean by 'manipulation of jurisdiction' in the case?

The speaker refers to 'manipulation of jurisdiction' when discussing how the jurisdiction for certain investigative measures was improperly assigned to a court that lacked the specialized competence, undermining the fairness and legality of the proceedings.

What does the speaker argue regarding the nullity of the judicial decisions?

The speaker argues that certain judicial decisions, specifically those related to wiretaps and the breaking of telecommunication confidentiality, are null and void due to a lack of proper legal basis and transparency. They emphasize that decisions were made without properly addressing the inclusion of new suspects, including the appellant.

How does the speaker emphasize the importance of legal compliance in criminal investigations?

The speaker stresses that while investigating serious crimes, such as drug trafficking, the legal system must maintain strict adherence to legal principles and respect for judicial procedures. They argue that the severity of the case should not override the need for respecting legal procedures.

What is the final request made by the speaker to the court?

The speaker requests that the court grant the appeal and correct the legal errors identified in the case, ensuring that justice is served in accordance with legal standards and precedents, despite the complex nature of the case.