User:MJL/Gabriela Hardt

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Gabriela Hardt (Curitiba, September 14, 1975)[1] is a Brazillian federal judge. Since 2014 he has held the position of substitute judge of Thirteenth Federal Court in Curitiba. She is also a marathon swimmer of the Military Police of Paraná State [en].[2]

Biography[change | change source]

Gabriela Hardt is the second of three children[3] of the chemical engineer Jorge Hardt and Marilza Ferreira Hardt. She was raised in São Mateus do Sul and spent her childhood vacation at the home of grandmother Jurema Mesquita Ferreira in Nova Friburgo.[1] He learned to swim and began competing in the pool of the employees' club of a Petrobras shale- processing plant where his father worked.[1]

She earned her law degree from the Federal University of Paraná (UFPR), the same place where Sergio Moro [en] taught.[4]

In 2009, she became federal judge of the Federal Regional Court of the 4th Region (TRF-4) and was then appointed to a position in Paranaguá, on the coast of Paraná.[4][5] Later, in Catanduvas, was corrector of the federal penitentiary of the city, dealing with leaders of drug trafficking factions, [6] among others imprisoned for other crimes. She was nominated in 2014 as substitute judge in 13. ª Federal Court of Curitiba.[7][8] In 2018, she temporarily took over Thirteenth Federal Court after the exoneration of the titular judge Sérgio Moro. The magistrate reported that she had been designated by TRF-4 for title for the period from November 19, 2018 to April 30, 2019.[9][10][11]

Family[change | change source]

With a family formed in Indaial, in Santa Catarina, the genealogy goes back to the political elite of the municipality: his great-grandfather, Frederico Hardt, was the first mayor, by the Liberal Alliance, between the years of 1934 and 1941; Alfredo Hardt was mayor between 1961 and 1966; and his uncle, Frederico João Hardt, was mayor between 1993 and 1996, by the Brazilian Democratic Movement (MDB).[12]

In the 1920s, his great-grandfather started the construction of the Frederico Hardt Firm, which began as a pioneer dairy factory in the region. In the 1940s, it expanded the market for the marketing of other foodstuffs, hardware, dishes, textiles, and clothing. Since the 1970s, the family owns Hardt Confecções and Lojas Hardt, a network of department stores, also scattered in Timbó and Blumenau, counties of Santa Catarina.[12]

Acting as judge[change | change source]

  • Jose Dirceu's Prison - In May 2018, she was responsible for issuing an arrest warrant against former Minister Jose Dirceu, who then obtained a habeas corpus from the Federal Supreme Court.[4][13][14]
  • Lula's interrogation hearing in the Atibaia case - On 14 November 2018, during Moro's vacation, the judge conducted the interrogation hearing of former president Luiz Inácio Lula da Silva, in action regarding a site in Atibaia, where she is guilty of passive corruption and money laundering . [15]
  • Clashes - At the opening of the deposition, the former president questioned the judge about the ownership of the site and she said, "It is you who have to answer and I'm not being interrogated right now." With the passing of the testimony, Lula made references to the presentation of Power Point, made in 2016 by Attorney Deltan Dallagnol, with accusations against him in the process of the triplet of Guarujá, where he was convicted in two instances, and at one point said: "I, when I saw the Powerpoint, I told PT, if I were PT president, I would ask that all PT affiliates in Brazil, mayor, deputy, file suit against the Public Ministry to prove Power Point. " This prompted a new reaction from the judge, who accused him of being instigated by supporters to cause riot in the process.[16]
  • Michelle Bolsonaro with Judge phrase - In late December 2018, the first lady Michelle Bolsonaro, wife of President Jair Bolsonaro in landing in the city of Itacuruçá was seen wearing a T-shirt with the phrase: "If you get that tone with me, we will have trouble, "referring to a sentence of the judge to Lula, in the testimony.[17]
  • Condemnation of Renato Duque - On 19 November 2018, she delivered his first sentence in the scope of the Operation, condemning Renato Duque, former director of services of Petrobras to 3 years and 4 months of imprisonment for crimes of corruption and money laundering.[18]
  • Blockade of money investigated - On 24 November 2018, it ordered the blocking of twenty million reais of thirteen investigated under the 56th phase of Operation Lava-Jet.[19][20]
  • Conviction of investigated persons of the 46th phase of Lava Jato - On 30 November of the same year, it convicted nine defendants in the process derived from the 46. ª Operation Lava Jato, with penalties ranging from three to twelve years for having received bribes around 32 million reais. [21]
  • Non-return of assets to Aldemir Bendine - In a decision of 10 December 2018, Gabriela denied the return of assets to former president of Petrobras Aldemir Bendine . According to her, "there is no way to promote the return of valuable assets when the applicant has been convicted of crimes of corruption and money laundering in criminal proceedings and is subject to compensation for damages, fines and procedural costs." The judge also made clear that there was no 'proof of the lawful origin of the property seized'. Bendine was sentenced by Moro in March 2018 to 11 years in prison for crimes of passive corruption and money laundering. [22]
  • Repatriation of money from Odebrecht's kickbacks - In December 2018, a request from the Federal Public Prosecutor's Office was accepted and the judge authorized that 46,405,971.07 reais blocked from accounts of five Odebrecht sponsors, at Meinl Bank in Antigua, were repatriated. The judge mentioned in the decision that nine accounts linked to them moved tip balances. [23]
  • Lava Inquiry Launched for Dilma Rousseff - At the end of December 2018, she authorized access to Operation Lava Jato's mother inquiries to former President Dilma Rousseff, because she did not see "how easily access to cars by Dilma's Defense Vana Rousseff could undermine ongoing ongoing investigations. " She also said that access by the defense would not allow "access to confidential investigations, to proceedings in which agreements of collaboration or leniency, and to cases in which there are pending precautionary and enforceable measures, are pending." Dilma would be the target of the award-winning demarcation of his former Minister of the Civil House Antonio Palocci . [24]
  • Sentencing of former president Lula - On February 6, 2019, Gabriela Hardt sentenced former president Lula to 12 years and 11 months of imprisonment for crimes of passive corruption and money laundering in the process that deals with receiving undue advantages through of reforms made at a site in Atibaia and paid by contractors Odebrecht, OAS and Schahin in return for entering into overpriced contracts with Petrobras . [25]

Controversies[change | change source]

Conduct of the magistrate[change | change source]

Lula's conviction in action on Atibaia site[change | change source]

After Lula's conviction in the case of the Atibaia site, which occurred on 6 February 2019, the former president's defense accused the bias judge, claiming that "despite the exchange of the judicial body," Lula would remain "being prosecuted in a partial way and against their individual rights and guarantees." Lawyers from the Workers' Party (PT) pointed out there were several errors in the judge's ruling. Lula's defense also considered "absurd" the fact that the judge dismissed expert evidence, allegedly extracted from the Odebrecht system, which would prove that the beneficiaries of the alleged undue advantages would be executives of Odebrecht itself, on the grounds that it had been hired by Odebrecht's lawyers. ex-president. The judge was also accused of copying entire sections of the sentence written by Judge Sergio Moro in 2017 in the dosimetry part of the sentence.[26][27][28]

Gabriela claims that she used the sentence given by former judge Sérgio Moro in the case of the triplex as a basis for condemning Lula in the case and that the errors pointed out are only of a material nature, which does not interfere with the decision. On February 28, 2019, she released a new version of the sentence with correction of the errors, but on the same day the defense asked the STF to receive an expert opinion that it has indiscriminately copied Moro's sentence, preventing the right of the former president to have a fair trial.[29]

Disciplinary Complaint at CNJ[change | change source]

On 15 March 2019, the judge was the subject of a Disciplinary Complaint presented by Gleisi Hoffmann and other PT parliamentarians asking the National Justice Council (CNJ) to "declare the conduct of the judge unlawful" and to apply sanctions to example of warning, censorship and compulsory removal (compulsory retirement). The party's claim is focused on the approval by Gabriela in January of the agreement signed by the Federal Prosecutor's Office, Petrobrás and the United States Department of Justice, whose proposal established the creation of a foundation to manage 2.5 billion reais originating from fines paid by the company in lawsuits in the United States.[30]

On 22 March 2019, the Minister of Justice Humberto Martins issued an order forwarding the representation to the Federal Regional Court of the 4th Region (TRF-4), arriving at the court on the 25th. It was to the regional magistrate Ricardo Teixeira do Valle Pereira the analysis of the process from the documents and information provided by the PT,[30] however, on April 30,[31] Ricardo filed for not finding something that would affect the conduct of the magistrate.[32]

Twitter Profile[change | change source]

On 15 March 2019, the national judge, Justice Humberto Martins, filed an investigation and requested that Hardt informs in a fortnight if she knew the existence of a Twitter profile named Judge Gabriela Hardt Sincerely . The Association of Federal Judges (Ajufe) and its branch in Paraná, Apajufe, reacted to the incident, because according to the associations, "the judge and the Federal Court of Paraná have already informed that said account does not belong" to it. The minister said that the purpose was to make the situation understandable and protect the good faith of the citizens, who could be led to believe that the posts would reflect the position of the magistrate herself.[33]

Hacking attack[change | change source]

On June 12, 2019, the judge said that her cell phone was hacked. The Federal Justice reported that it had the Telegram accessed and that fact occurred in the same period and apparently by the same individual or group that accessed the Lava Jato Task Force apparatuses.[34]

In a statement issued by the court, she said that "she did not verify sensitive personal information that has been exposed" and that the attack of authorities' cell phones "is a serious fact that threatens the security of the state and deserves a strong response from the Brazilian authorities." Gabriela also said that she waits for the Judiciary to see "gravity and take firm measures" that can "repel such conduct."[34]

She stated that if she had her conversations leaked she would prosecute the offender based on Law 9.296 / 96 dealing with interceptions. " The Federal Police did the skill in the device, but did not reach the conclusion of what was extracted.[35]

Awards[change | change source]

References[change | change source]

  1. 1.0 1.1 1.2 "Juíza substituta de Moro na Lava-Jato é filha e neta de friburguenses" (in Portuguese). A Voz da Serra. 6 November 2018. Cite error: Invalid <ref> tag; name "avozdaserra" defined multiple times with different content
  2. "Em águas turvas". Revista Piauí. janeiro de 2017. Check date values in: |date= (help)
  3. "Filha da elite política catarinense, Gabriela Hardt segue perfil autoritário de Moro". Brasil de Fato. 2018-12-24.
  4. 4.0 4.1 4.2 Zimmermann, Ana (1 November 2018). "Gabriela Hardt: veja quem é a juíza que assume temporariamente a Lava Jato" (in Portuguese). G1. Retrieved 29 March 2019. Cite error: Invalid <ref> tag; name "G1" defined multiple times with different content Cite error: Invalid <ref> tag; name "G1" defined multiple times with different content
  5. "Gabriela Hardt: saiba quem é a juíza que assume a Lava-Jato". Correio Braziliense. 2018-11-01.
  6. "Substituta de Moro deve continuar à frente da Lava Jato até abril". Folha de S.Paulo. 22 de novembro de 2018. Check date values in: |date= (help)
  7. "Saiba quem é a juíza que vai substituir Sergio Moro nas férias". Jornal CORREIO.
  8. "CLICK: Substituta de Sérgio Moro pratica maratona aquática, corrida e vôlei". Coluna do Estadão.
  9. "Juíza Gabriela Hardt ficará à frente da Lava-Jato em Curitiba até o fim de abril". O Globo. 2018-11-22.
  10. "Gabriela Hardt é designada juíza titular da Lava Jato até abril de 2019".
  11. "Juíza Gabriela Hardt deverá sentenciar Lula - ISTOÉ Independente". ISTOÉ Independente. 2018-11-22.
  12. 12.0 12.1 "Juíza Gabriela Hardt segue perfil autoritário de Moro". Brasil 247. 25 de novembro de 2018. Check date values in: |date= (help)
  13. "Juíza manda prender José Dirceu".
  14. "URGENTE: JUÍZA MANDA PRENDER DIRCEU - O Antagonista". O Antagonista. 2018-05-17.
  15. "Em interrogatório, Lula diz que não pagou por reformas porque não era dono do sítio em Atibaia". G1.
  16. "Depoimento de Lula:Sou o dono do sítio ou não?". BBC. 15 de novembro de 2018. Check date values in: |date= (help)
  17. "Michelle Bolsonaro veste camiseta com frase de juíza a Lula". Diário do Nordeste. 26 de dezembro de 2018. Check date values in: |date= (help)
  18. "Gabriela Hardt dá primeira condenação da Lava Jato após pedido de demissão de Moro". Fausto Macedo.
  19. "Gabriela Hardt bloqueia R$ 20 mi de alvos da Operação Sem Fundos da Lava Jato". Fausto Macedo.
  20. "Gabriela Hardt bloqueia R$ 20 milhões dos investigados na nova fase da Lava Jato -".
  21. "Juíza Gabriela Hardt condena nove réus em processo da 46ª fase da Operação Lava Jato". Notícias. G1 Globo. 4 de dezembro de 2018. Check date values in: |date= (help)
  22. "Juíza da Lava Jato nega a Bendine devolução de joias, relógios e duas garrafas de vinho". Estadão. 17 de dezembro de 2018. Check date values in: |date= (help)
  23. "Gabriela Hardt manda repatriar R$ 46 mi de 'saldos de propinas' da Odebrecht em Antígua". Estadão. 18 de dezembro de 2018. Check date values in: |date= (help)
  24. "Juíza libera a Dilma Rousseff acesso ao inquérito-mãe da Lava Jato". ISTOÉ. 18 de dezembro de 2018. Check date values in: |date= (help)
  25. "Lula é condenado a 12 anos e 11 meses de prisão no caso do sítio de Atibaia".
  26. "Gabriela Hardt copiou palavras de Moro para condenar Lula no caso Atibaia, diz defesa". Jornal GGN. 17 de dezembro de 2018. Check date values in: |date= (help)
  27. "Em recurso no caso do sítio, defesa de Lula argumentará que juíza errou ao citar delator". O Globo. 19 de fevereiro de 2019. Check date values in: |date= (help)
  28. "Advogados do PT apontam erro em sentença de Lula". Veja. 19 de fevereiro de 2019. Check date values in: |date= (help)
  29. "Gabriela Hardt admite que usou sentença de Moro como "modelo" para condenar Lula". ConJur. 1 de março de 2019. Check date values in: |date= (help)
  30. 30.0 30.1 "Gabriela Hardt ainda não responde a processo disciplinar por 'conluio' no fundo da Lava Jato". Estadão. 27 de março de 2019. Check date values in: |date= (help)
  31. "TRF-4 nega reclamação contra juíza que homologou fundo da "lava jato"". Consultor Jurídico. 30 de abril de 2019. Check date values in: |date= (help)
  32. "Corregedor barra ofensiva de petistas contra juíza Gabriela Hardt". Estadão. IstoÉ. 30 de abril de 2019. Check date values in: |date= (help)
  33. "Juízes dizem que 'Gabriela Hardt sincera' não é de Gabriela Hardt". Terra. 16 de março de 2019. Check date values in: |date= (help)
  34. 34.0 34.1 "Juíza substituta da Lava Jato diz que teve celular invadido". G1. 12 de junho de 2019. Check date values in: |date= (help)
  35. "Gabriela Hardt já decidiu o que fazer se suas conversas forem vazadas". Veja. 17 de junho de 2019. Check date values in: |date= (help)
  36. Rio Grande Em Fotos

[[Category:1975 births]] [[Category:Living people]] [[Category:Brazilian people]] [[Category:Judges]] [[Category:Pages with unreviewed translations]]