Latin America Advisor

Jana Nelson, global fellow at the Woodrow Wilson Center’s Brazil Institute: “The Intercept revelations have tarnished the reputation of both Judge Sérgio Moro and the Lava Jato prosecutor Deltan Dallagnol by showing coordination between a judge and one of the parties to a judicial process. The underlying concern is that due process of law was breached and that one of Brazil’s most important corruption investigations may be derailed. There appears to be a judicial explanation for the coordination between Judge Moro and prosecutor Dallagnol, based on the Packer Model of Crime Control. This model argues that in complex crimes, such as the ones investigated by Lava Jato, the judge needs to be close to the investigators so as to better understand their needs and authorize seizures or arrests. But in the Packer model, the final presiding judge who decides over culpability is different from…”