Sergio Moro

Source: Wikipedia, the free encyclopedia.

Sergio Moro
Official portrait, 2023
Senator for Paraná
Assumed office
1 February 2023
Minister of Justice and Public Security
In office
1 January 2019 – 24 April 2020
PresidentJair Bolsonaro
Preceded byTorquato Jardim (Justice)
Raul Jungmann (Public Security)
Succeeded byAndré Mendonça
Personal details
Born
Sergio Fernando Moro

(1972-08-01) 1 August 1972 (age 51)
Maringá, Paraná, Brazil
Political partyPodemos (2021–2022)
Brazil Union (2022–present)
Spouse
Rosângela Wolff
​
(m. 1999)​
Children2
Alma materState University of Maringá (LLB)
Federal University of Paraná (LLM, PhD)
Signature

Sergio Fernando Moro[1] (Portuguese pronunciation: [ˈsɛʁʒju ˈmoɾu]; born 1 August 1972) is a Brazilian jurist, former federal judge, college professor, and politician. He was elected as a member of the Federal Senate for Paraná in October 2022.[2] In 2015, he gained national attention as one of the lead judges in Operation Car Wash (Portuguese: Operação Lava Jato), a criminal investigation into a high-profile corruption and bribery scandal involving government officials and business executives.[3][4] Moro was also Minister of Justice and Public Security under the presidency of Jair Bolsonaro from 2019 to 2020.[5][6]

On 29 October, shortly after the 2018 Brazilian general election, President-elect Bolsonaro nominated Moro to be Minister of Justice and Public Security.[7] On 1 November, Moro accepted the job after personally meeting with Bolsonaro.[8][9] His appointment to Bolsonaro's cabinet and the way he had previously conducted Operation Car Wash (in particular former president Luiz Inácio Lula da Silva's case) drew praise from his peers and a significant portion of the Brazilian society. However, it also faced significant criticism, especially after allegations of partiality and judicial misconduct on his part were published by the American investigative journalist Glenn Greenwald, during the Car Wash investigations.[10][11][12][13][14][15] Moro left the government in April 2020, mentioning the President's undue interference in the affairs of the Ministry of Justice and Public Security.[6] Then in 2020 he worked with the firm Alvarez and Marsal for almost one year.[16]

Since his retirement from public service, leaked messages exchanged between then-judge Moro and Brazilian prosecutors resulted in widespread questioning of his impartiality during the Operation Car Wash hearings; Moro has publicly disputed these allegations.[17] On March 9, 2021, the habeas corpus trial was resumed in the Supreme Federal Court that questioned his impartiality, with two judges, Gilmar Mendes and Ricardo Lewandowski, voting that Moro was indeed biased, including the vote of these two last for the payment of a US$40,000 fine and the court costs of the lawsuit filed against Lula.[18] Later, in 2022, the United Nations Committee agreed with the STF that Sergio Moro was biased in all cases against Lula.[19]

Early life and education

Moro was born in Maringá,[20] son of Odete Starke Moro and Dalton Áureo Moro, a former professor of geography at the State University of Maringá, who died in 2005.[21] His elder sibling, César Fernando Moro, owns a technology company.[22][23] His family is of Italian, German, Portuguese, Spanish and Polish descent.[24] His Italian forebears were from Veneto:[25] his great grandparents came from Breganze and Sandrigo in the Province of Vicenza.[26] Moro's family moved to Ponta Grossa when Sergio and César were children.[27][better source needed]

Moro got a law degree from State University of Maringá in 1995.[28] During his studies, he interned in a law firm for two years, being described as a "sensational person" by the lawyer who hired him.[29] He attended a summer course at Harvard Law School in 1998, including studies on money laundering promoted by the US Department of State.[28] He received his master's degree in 2000 from the Federal University of Paraná with the dissertation "Development and Judicial Enforcement of Constitutional Norms", guided by Professor Clèmerson Merlin Clève.[30][31] In 2002, he completed a PhD in State Law at the same institution with the thesis "Constitutional Jurisdiction as Democracy", guided by Marçal Justen Filho.[32][33] In 2007, he participated in the International Visitor Leadership Program in which he visited U.S. agencies and institutions responsible for preventing and combating money laundering.[34]

Career

In 1996, Moro started teaching law graduates at his alma mater, the Federal University of Paraná. This very same year, he became a federal judge in Porto Alegre, before moving to Joinville, Santa Catarina, in 1999. Between 2003 and 2007, Moro worked on a case involving the public bank Banestado. The investigation resulted in the arrest of nearly 200 people for tax evasion and money laundering.[35]

In 2012, he worked with Rosa Weber, a minister of the Brazilian Supreme Court, in the Mensalão scandal. Weber called him because of his experience with cases involving financial crimes, more specifically money laundering.[36] After leaving the judiciary and the Bolsonaro government, his first case as a lawyer, in 2020, favored controversial Israeli businessman Beny Steinmetz, in a dispute against mining company Vale S.A.[37] In the same year, Moro was hired as a partner by the consultancy Alvarez & Marsal, judicial administrator of the recovery process of the Odebrecht Group – the company targeted by then judge Moro during Lava Jato.[38] Moro worked for Alvarez & Marsal for almost one year and was paid approximately half million dollars.[39]

Operation Car Wash

Main article: Operation Car Wash
See also: List of scandals in Brazil
Moro in 2015.

In 2014, while working in Curitiba, Sergio Moro became one of the head judges in Operation Car Wash (Portuguese: Operação Lava Jato), a massive criminal investigation that started as a money laundering case and evolved to a huge corruption scandal crackdown, involving bribery and misappropriation of public funds by political authorities.[40] The investigation was modeled after Mani pulite in Italy.[41] Corruption scandals in Brazil usually take a long time to be investigated and the legal processes tend to stagnate. However, at an unusual speed, Moro authorized further investigations, detentions and interrogations of suspects.[42] By late 2017, at least 120 sentences were carried and 175 people were sent to jail. Despite some criticism from fellow jurists for being a "media darling", Moro enjoyed high popularity with the Brazilian people and became one of the main faces in the fight against corruption in the country.[43]

Despite criticisms regarding the high speed with which he imposed sentences in such a complex case,[44] his actions were backed by the Brazilian Supreme Court and most of his sentences and decisions were upheld in higher courts.[45] By late 2016, Moro had sent 28 people to jail on charges of corruption, with four of them having their sentences reduced and another four being acquitted by higher courts. Overall, in Operation Car Wash, 71% of the sentences given by Moro were upheld by the Brazilian Regional Federal Courts.[46] However, in 2021, due to Moro's conviction for partiality, famous Lava Jato defendants reaped the fruits of the decisions of the Federal Supreme Court that relaxed the jurisprudence that had taken politicians, businessmen and bribery operators to jail. The number of whistleblower petitions, initial investigations, inquiry requests, etc. dropped from 257 to 200. Of the 31 inquiries, 3 were filed in 2021, 7 complaints await judgment (the same number as in 2020) and no convictions.[47]

In 2017, Moro sentenced former Brazilian president, Luiz Inácio Lula da Silva, to 9 and a half years in jail, on the charges of money laundering and passive corruption. Lula was considered the frontrunner for the 2018 presidential election.[41] The sentencing caused an uproar in Brazil at that time, with many widely supporting and saluting the judge for his decision, with others claiming he was getting ahead of himself.[48] The decision was later overturned by the Supreme Court of Brazil in 2021, which stated that Moro had acted with partiality. The April 2022 decision of Lula's 2016 petition[49] was ratified and expanded by the UN human rights committee.[50] Additionally, in a unanimous decision in April, the Regional Federal Court (TRF) ruled that Lula's lawyers be compensated for the telephone interception and illegal secrecy lifting determined by Moro in 2016[51]

Minister of Justice

See also: Moro x Bolsonaro Case

In many of his encounters with the media and further interviews, Sergio Moro described himself as "apolitical" and said he had no interested in joining the political world. However, right after the 2018 elections, rumors started to circulate that the president-elect, Jair Bolsonaro, was considering nominating Moro to head the Ministry of Justice. Despite claiming he was unaware of such a plan, it was later revealed that Moro was contacted by Paulo Guedes, an incoming member of Bolsonaro's administration, during Bolsonaro's election campaign.[52] Exactly four days after the election, on 1 November 2018, Moro met with Bolsonaro and it was announced that he would become a minister in Bolsonaro's administration.[53][54]

Moro and Bolsonaro, in 2019.

His nomination was well received by fellow magistrates across the country,[55] but opponents of Bolsonaro and some people in the press criticized the decision on the grounds of conflict of interest, claiming that Moro's sentencing of former president Luiz Inácio Lula da Silva greatly benefited Bolsonaro's bid for the presidency.[56]

On 12 May 2019, president Bolsonaro publicly expressed the intention of nominating Moro to the Supreme Federal Court, replacing Justice Celso de Mello, who would retire in 2020.[57] However, on 1 October 2020, he nominated Kassio Nunes Marques.

During his short 15 months tenure as Minister of Justice and Public Security, Moro focused on fighting organized crime, border security and taking new anti-corruption measures, with different degrees of success. Crime fell sharply across the board in most of the country in 2019, but if that was due to any government action or not remains unknown.[58] However, as 2020 came along, the relationship between Moro and Bolsonaro deteriorated due to a variety of factors. First, Moro started to complain about the president's interference in his ministry. According to the former judge, during talks about him assuming the Ministry of Justice, Bolsonaro made a promise to Moro that he would have independence to run his ministry the way he saw fit, including the appointment of personnel, especially in the Federal Police. However, that changed over time and the president started to interfere in investigations and in the way Moro was running the ministry.[59] On top of that, Moro also criticized Bolsonaro's handling of the COVID-19 pandemic.[60]

On 24 April 2020, after an unjustified discharge of Federal Police's Director-General Maurício Valeixo by president Bolsonaro, Moro decided to announce that he would leave the Ministry, while denouncing the president's intention to meddle in investigations.[61] He then started a career as lawyer and attorney.[citation needed]

Political career

Sérgio Moro

As a Lava Jato judge, Moro repeatedly stated that "There is no possibility of a political career”.[62] However, he actually started his political career in November 2018, when he accepted the invitation of President Jair Bolsonaro to be the head of the Ministry of Justice and Public Security. He joined the political party Podemos (PODE) on November 10, 2021[63] and confirmed that he was building his government project, as a pre-candidate for the Brazilian presidency.[64]

Moro had emerged as a "third way" candidate against poll-leading former president Lula on the left and extreme-right Bolsonaro.[65] However, after leaving the Podemos party, Moro removed himself from the run for the presidency.[66] His popularity has faded, due to his controversial decision to join the Bolsonaro cabinet, and of political bias and judicial overreach that tainted the legacy of the “Car Wash” investigation.[67]

Controversies

Moro holding a press conference in September 2015

Moro's methods have been questioned by his peers and audited by Brazilian Justices since 2005.[68] In 2007, when a defendant wasn't to be found at home, he issued an order to monitor the lists of passengers of all airliners flying from Ciudad del Este in Paraguay and from Porto Alegre in Brazil to Curitiba in order to track the movements of the defendant's attorneys.[68] From 2007 through 2010, he issued an order to record and collect all phone communications and visitor booth talks between all inmates, their families and attorneys at Catanduvas Federal Penitentiary in order to "prevent future crimes".[68]

These cases, among others, have been considered excesses and have brought grave criticism on Moro. Justice Celso de Mello has officially accused Moro of condoning a "nosy police state" and acting as an "investigative judge".[68] Additionally, Brazilian Justice Gilmar Mendes said he was worried about Moro's actions. For him, the case showed a "set of abusive acts" and "objectionable excesses" practiced by the judge. In his dissenting opinion he wrote that they are "unacceptable behaviors in which resistance or nonconformity of the magistrate is envisaged, when contradicted by decision of superior instance".[69]

On 6 December 2016, at a ceremony in which Moro was awarded a Man of the Year prize by Brazilian Editora Três publishing house, Moro was photographed laughing alongside Brazilian Senator Aécio Neves,[70] PSDB's candidate in Brazil's 2014 Presidential Election and main critic of PT's tenures in office. Since PT is the party most scrutinized by Operation Carwash, the photograph has caused an uproar among PT supporters. During an interview, Moro has said that "the photograph was unfortunate, but there's no bias in my decisions as a judge", while also remarking that Neves is not under his jurisdiction.[71] Neves was accused by five witnesses at Operation Carwash[72] of taking R$300,000 in bribes from Alberto Youssef.[73]

The speed with which Moro has treated specific actions that involve figures from the Brazilian left and his courteous relationship with members of the former opposition, some of which were under investigation themselves, has been criticized by Brazilian jurists[74] and left-wing activists and politicians, who accuse Moro of being part of a lawfare strategy[75] in order to ostracize PT and bring PSDB to power.[76] According to the political scientist Marcelo Danéris, Moro's celerity in treating some specific actions in Operation Car Wash indicates a behaviour similar to that seen in kangaroo courts, and that Moro will have place in history close to Roland Freisler and Quartus de Wet.[77]

During a lecture at Harvard University in 2017, Sergio Moro stated that he considers the use of undeclared donations – a crime in Brazilian electoral law – to fund elections more damaging than illicit enrichment through corruption: "If I take this bribe and deposit the money in Switzerland, the money stays there, it isn't harming anyone at the moment. If, however, I use the money to fraud and win an election, I find that terrible."[78][79] In May 2017, then-congressman Onyx Lorenzoni admitted to having used slush funds donated by JBS in his 2014 campaign for Congress.[80][81][82] Lorenzoni was appointed Chief of Staff by former president Jair Bolsonaro;[83] upon being questioned by the press about Lorenzoni's public admission on the use of slush funds, Moro stated that Lorenzoni already apologized to him and has his "personal trust".[84][85][86][87][88] In November, 2018, Senator Roberto Requião (MDB) proposed a bill called "Lorenzoni Law", which would grant immediate pardon for anyone found guilty of electoral and public administration crimes or crimes against the national financial system, as long as they ask for forgiveness. This proposal, although official, has been considered a joke on Moro's statements.[89][90][91]

Telegram leaks

Main article: Vaza Jato
Vaza Jato
Scandal
Vaza Jato
Companies
News media
Judges

On 9 June 2019, the online newspaper The Intercept published leaked Telegram messages between Moro and the Operation Car Wash lead prosecutor Deltan Dallagnol, in which Moro allegedly sent advice and instructions to the prosecutor in order to interfere in the investigation that ultimately led to the trial and imprisonment of former president Lula da Silva.[92] He was accused of not showing impartiality as a judge of da Silva's trial.[93] Three days later, another conversation was leaked, revealing a secret meeting between Dallagnol and Supreme Court Justice Luiz Fux, asking for his support against the then fellow Supreme Court judge Teori Zavascki.[94] Moro has thoroughly denied any wrongdoing during the course of Operation Carwash and claimed that the conversations leaked by The Intercept were misrepresented by the press.[17] He also claimed that the messages could be inauthentic.[93]

On June 12, Brazilian conservative magazine Veja published a report accusing Moro of “illegally” steering prosecutors as they worked to convict Brazilian politicians and "overstepping his role as judge," claiming that its journalists had spent a fortnight pouring over nearly 650,000 leaked messages between officials involved in the investigation, and concluded the former judge was guilty of serious “irregularities.” Following the report, Moro released a statement condemning “the distorted and sensationalist diffusion of supposed messages obtained by criminal means.”[95][96]

According to the news outlets The Intercept and the AP, the FBI requested case documents about Lula's investigation before the case became public, and Moro allegedly authorized the information to be sent to the Justice Department through unofficial channels.[97] On August 20, 2019, Rep. Johnson and his colleagues sent a letter to then Attorney General William Barr stating that The Intercept published leaked communications between Judge Moro and senior prosecutors that "reveal close collaboration" and "reports of collusive actions aimed at building a case against former president Lula”.[98] Rep. Johnson requested the DOJ to inform if the "DOJ agents aware of collusive actions involving Judge Moro...".[99]

The Brazilian Congress identified at least 13 FBI agents involved with Moro and Dallagnol to collect secret court files.[100] In exchange for these files and other information, that would help the prosecution of Brazilian companies under the U.S. Foreign Corrupt Practices Act (FCPA),[101] U.S. authorities would share part of the fines to Moro and the Brazilian prosecutorial authorities involved with the Lava Jato operation, in order to the create a private foundation totally administered and controlled by the same Brazilian prosecutors.[102]

In July, 2020, 77 members of Congress sent a letter to their U.S. counterparts, requesting that the Americans “adopt the appropriate legislative measures” and “hold those responsible agents and officials accountable.”[103] In July 2021, the Congressman Hank Johnson requested from Attorney General, Merrick Garland to inform the Congress what was the role of the DOJ agents in the Car Wash operation and what role DOJ played in the political persecution of Lula da Silva. Congressman Johnson also additionally, informed the Attorney General that Rep. Johnson had never received an adequate response from the Barr DOJ about the issue his letter sent in August 2019.[104]

Personal life

Moro is married to Rosângela Wolff de Quadros, a lawyer and current legal solicitor of the National Association of Parents and Friends of Exceptional Children (Associação de Pais e Amigos dos Excepcionais). They live in Curitiba and have a couple of school-age children.[105] In addition to his professional career, little is known about his personal life.[106][107] IstoÉ magazine described him as someone with "reserved lifestyle and simple habits".[28]

He identifies as a Roman Catholic.[108]

Sergio Moro is portrayed by Marcelo Serrado in the 2017 Brazilian film Polícia Federal: A Lei É para Todos.[109]

References

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  74. ^ "Juristas denunciam 'lawfare' no Brasil através de carta internacional". 5 January 2018.
  75. ^ "A ultraceleridade seletiva da Lava Jato é forma de Lawfare". 10 April 2018.
  76. ^ "Ocupado com PT e viagens internacionais, Moro está sem tempo para julgar corrupção do PSDB". 12 June 2018.
  77. ^ "O 'caixa dois' de Moro e o domínio do fato". Sul21. 21 January 2020. Retrieved 19 October 2022.
  78. ^ "Caixa 2 é pior que corrupção para enriquecimento ilícito, diz Sérgio Moro". Estadão. 8 April 2017. Retrieved 8 December 2018.
  79. ^ "Para Moro, caixa dois é pior que enriquecimento ilícito". Valor Econômico. 8 April 2017. Retrieved 8 December 2018.
  80. ^ "Onyx Lorenzoni admite ter recebido dinheiro de caixa dois da JBS". Congresso em Foco. 19 May 2017. Retrieved 8 December 2018.
  81. ^ "Braço direito de Bolsonaro admitiu ter recebido caixa 2 da JBS". Folha de São Paulo. 15 October 2018. Retrieved 8 December 2018.
  82. ^ "Moro diz "admirar" colega de ministério que recebeu caixa 2 da JBS". Valor Econômico. 6 November 2018. Retrieved 8 December 2018.
  83. ^ "Quem é Onyx Lorenzoni, futuro ministro da Casa Civil no governo Bolsonaro". Folha de São Paulo. 30 October 2018. Retrieved 8 December 2018.
  84. ^ "Em coletiva, Moro explica divergências com Bolsonaro e lista propostas". Exame. 6 November 2018. Retrieved 8 December 2018.
  85. ^ "Moro defende Onyx Lorenzoni e diz que confia em seu trabalho". R7. 4 December 2018. Retrieved 8 December 2018.
  86. ^ "Moro aponta Lava Jato e pacote anticorrupção como nortes e vê Bolsonaro "ponderado"". UOL. 6 November 2018. Retrieved 8 December 2018.
  87. ^ "Moro reafirma "confiança pessoal" em Onyx". Agência Brasil. 4 December 2018. Retrieved 8 December 2018.
  88. ^ "Moro diz ter "confiança pessoal" em Onyx, que admitiu caixa dois". Veja. 4 December 2018. Retrieved 8 December 2018.
  89. ^ "Requião ironiza Moro e propõe projeto de lei "Ônix Lorenzoni"". Folha de São Paulo. 8 November 2018. Retrieved 8 December 2018.
  90. ^ "Requião ironiza Moro e propõe 'Lei Onyx' para perdoar arrependidos". Estadão. 8 November 2018. Retrieved 8 December 2018.
  91. ^ "Requião propõe "Lei Lorenzoni" de perdão para criminosos arrependidos". Exame. 8 November 2018. Retrieved 8 December 2018.
  92. ^ Fishman, Andrew; Martins, Rafael Moro; Demori, Leandro; Santi, Alexandre de; Greenwald, Glenn (9 June 2019). "Breach of Ethics: Exclusive: Leaked Chats Between Brazilian Judge and Prosecutor Who Imprisoned Lula Reveal Prohibited Collaboration and Doubts Over Evidence". The Intercept. Retrieved 10 June 2019.
  93. ^ a b Londoño, Ernesto (25 July 2019). "Jair Bolsonaro, Brazil President, Says His Phones Were Hacked". The New York Times. Retrieved 1 August 2019.
  94. ^ "Em nova mensagem divulgada por site, Dallagnol diz que Fux apoiou Moro em 'queda de braço' com Teori" [In New Message Published By Website, Dallagnol Says That Fux Supported Moro In 'Arm Wrestling' With Teori] (in Portuguese). G1. 12 June 2019. Retrieved 13 June 2019.
  95. ^ "Novos diálogos revelam que Moro orientava ilegalmente ações da Lava Jato". VEJA.com (in Brazilian Portuguese). Retrieved 30 September 2019.
  96. ^ correspondent, Tom Phillips Latin America (5 July 2019). "Brazil: calls grow for Bolsonaro ally to quit after 'devastating' report on leaks". The Guardian. ISSN 0261-3077. Retrieved 30 September 2019.
  97. ^ "The FBI, the Fusion Center, and the Far Right: US creep in Brazil". Brasil Wire. 26 May 2020. Retrieved 30 June 2021.
  98. ^ "Como a Lava Jato escondeu visita do FBI e procuradores americanos". Agência Pública (in Brazilian Portuguese). 12 March 2020. Retrieved 1 July 2021.
  99. ^ "Rep. Johnson, Colleagues Ask DOJ for Answers on Brazil Corruption & Persecution of Former President Lula da Silva". Congressman Hank Johnson. 21 August 2019. Retrieved 30 June 2021.
  100. ^ "How the U.S. taught Judge Moro to "take down" Lula | MR Online". mronline.org. 8 May 2021. Retrieved 1 July 2021.
  101. ^ Estrada, Gaspard (26 February 2021). "Opinion | Operation Car Wash Was No Magic Bullet". The New York Times. ISSN 0362-4331. Retrieved 1 July 2021.
  102. ^ "Alexandre de Moraes suspende acordo que estabelecia fundação da Lava Jato". Poder360 (in Brazilian Portuguese). 15 March 2019. Retrieved 1 July 2021.
  103. ^ "Deputados da oposição denunciam ao Congresso americano atuação ilegal do FBI junto à Operação Lava Jato". Revista Fórum (in Brazilian Portuguese). 17 July 2020. Retrieved 30 June 2021.
  104. ^ "Rep. Johnson, Colleagues Ask A.G. Garland for Answers on DOJ Role in Brazil Probe and Persecution of Former President Lula da Silva". Congressman Hank Johnson. 7 June 2021. Retrieved 1 July 2021.
  105. ^ Londres, Mariana; Sousa, Marc (17 March 2015). "Dois anos após Lava Jato, Sérgio Moro troca de carro e passa a andar com segurança 24 horas". R7. Record. Retrieved 10 April 2016.
  106. ^ "Sérgio Moro, o juiz de Curitiba que tem o futuro do Brasil nas mãos". Público. 9 August 2015. Retrieved 24 March 2016.
  107. ^ Galindo, Rogerio Waldrigues (11 December 2015). "Sérgio Moro, um ilustríssimo desconhecido". Gazeta do Povo. Retrieved 6 March 2016.
  108. ^ "Bolsonaro prometeu STF a Moro, mas agora fala em ministro evangélico". Gazeta do Povo (in Brazilian Portuguese). Retrieved 17 June 2020.
  109. ^ "Saiba quem interpreta Lula e Sergio Moro no filme sobre a operação Lava Jato". Gazeta do Povo (in Brazilian Portuguese). 25 August 2017. Retrieved 24 April 2023.
Political offices
Preceded byas Minister of Justice Minister of Justice and Public Security
2019–2020 		Succeeded by
Preceded byas Minister of Public Security
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