Judge Luciano Carrasco, rapporteur of the case in TRE requesting the overruling of Moro, rejected on Monday, in the first analysis, the pretexts of loss of jurisdiction.
Carrasco disagrees with allegations that the congressman incurred excessive spending during the run-up to the 2022 campaign.
The rapporteur gave his opinion against the invalidity and disqualification of the formula of the previous judge Victorious that year.
His vote differs from that of regional election prosecutor Marcelo Godoy, who recommended the veto of the former justice minister and first alternative to the majority council.
In his opinion, Godoy acknowledged the abuse of economic power practiced by the then candidate during the presidential primary campaign.
After more than two hours of reading the vote, Judge José Rodrigo Sade, who was appointed to the position in February by President Luiz Inácio Lula da Silva and is about to vote, asked for a hearing, which is a longer time to analyze the case, which is why the trial will resume this Wednesday.
The TRE in Paraná is ruling on two cases, one from the Workers' Party and one from the Liberals, that ask for the disqualification of a senator for abuse of economic power in the 2022 elections.
He is accused of spending large sums of money even in the pre-election period, when the nominations were not official.
In October, the former judge was elected to the Senate with nearly two million votes, and denies any wrongdoing. If convicted, he can still appeal to the Supreme Electoral Court. If he loses his state, he will not be eligible until 2030.
Moro gained a national and international reputation through his leadership, between March 2014 and November 2018, in the first instance prosecution of crimes identified in the dismantled Operation Lava Jato.
Without evidence, Lula was sentenced in 2017 to nine years and six months in prison for alleged acts of corruption.
Through his maneuvers, he also blocked, in cooperation with generals and judges, the candidacy of the former labor leader when he was the favorite to win the 2018 presidential election won by far-right politician Jair Bolsonaro.
He then resigned from the position of judge and in the same year Bolsonaro appointed him Minister of Justice. He later left office after the former governor was dismissed without consulting the then Federal Police Director, Mauricio Valleixo, a man he trusted.
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