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The federal judge Fausto Martin De Sanctis, the 6th Criminal Vara Federal de São Paulo, note released this Tuesday (18) which says that it will not accept to be promoted desembargador TRF (Federal Regional Court) of the 3rd Region.

He is responsible in Operation Satiagraha, investigations resulted in the arrest of banker Daniel Dantas, socio-founder of the Opportunity Group, the investor Naji Nahas and former mayor Celso Pitta.

Dantas of the lawyers questioned the impartiality of the judge and said he worked with the delegate Protógenes Queiroz, dismissed by the Federal Police for alleged abuses in the operation. De Sanctis was kept in the case by decision of the TRF-3.

If accepted the promotion, the judge also would not be responsible for the processes related to Satiagraha.

Read the full note of the court below:

"In view of the public interest generated on the application for promotion by seniority of the magistrate Egrégio Federal Regional Court in the 3rd Region, it falls to me to clarify the following:

This judge is aware of the importance of the office of Federal Desembargador the Federal Regional Court in the 3rd Region, the largest Brazilian Federal Court, which comprises causes from the states of Sao Paulo and Mato Grosso do Sul;

Demonstrations supporting my promotion were held, but not the support, the latter especially from Brazilians who know, but who rely on the work of this judge. I thank all without exception;

During the last 30 days the deadline for entering the promotion, there was intense part of my thinking, which has been hard for me since antiquity, as a goal, is, at its incidence, the time to promote the natural judge, hence the relevance of this information to the population;

The perplexity, continuous, I have revealed, perhaps, that the decision is not ripe to be taken immediately. This would be a decision based on uncertainty, which could lead to interpretations and theoretically incomprehensible to a magistrate;

It is not menoscabo charge of contempt or relevant, much less of attachment or detachment;

In a new bid in a few months of promotion is effective and possibly new waves emerge, so that my decision is temporary;

Score in a major rule of law there is no room for people irreplaceable, in which case it would mean the total failure of the institutions;

The work that is running in the Sixth Federal Criminal that I am holding for many years, with the help of an important body of selfless officials, is not restricted to any particular event, but a sum of actions aimed at better delivery the judicial protection;

The removal of the magistrate it is precisely right to allow or promote their removal when the time deemed appropriate. This is a subjective right and necessary;

It is not the first time that a judge ceases to be promoted to a tribunal by choice, and probably not be the last. There are many cases in both the federal sphere, as in the state;

The Federal Regional Court in the 3rd Region and its members are deserving of great respect for representing and place. I believe in the Federal Court and its importance. However, you can not take a decision without being fully convinced of his success;

Above all, respect and human dignity must always be preserved, no matter the profession or the position he holds or the place where it is exercised. Judge is always judge, regardless of the body or its nomenclature. "

SOURCE: UOL / Folha Online

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