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BRASÍLIA – Application to the Federal Supreme Court
(STF),
the elected Member of Parliament and Senator
Flavio Bolsonaro,
son of President Jair Bolsonaro, sought the quashing of evidence obtained so far by
Office of the Attorney General
of Rio de Janeiro in investigations into suspicious financial transactions
Fabrício Queiroz,
his former adviser. The Minister
Luiz Fux
has left this question at the discretion of the rapporteur of the case, Minister Marco Aurélio, starting in February, when the break will end at the Court.
(Check the complete decision here)
In the decision to suspend the investigation,
Fux claimed that the public prosecutor's office of Rio de Janeiro "would have requested information from the Coaf on confidential banking information" of Flávio, "covering a period after the confirmation of his election to the post of senator of the Republic, without judicial control "
Flavio is the subject of an internal investigation of the prosecutor's office, criminal procedure (PIC). This is a preliminary procedure to investigate any illegality. The parliamentarian is therefore not the subject of a judicial inquiry.
Flavio was a deputy until last year. In October, he was elected senator. The parliamentarian is already a graduate and will take office in February. By being entitled to privileged forum, Flavio wishes the transfer of the investigations of first instance to the STF. Fux suspended his investigations until Marc Aurèle decided, also in February, to set up the forum to conduct the case. According to Fux, only the STF can define this question.
"In order to protect the efficiency of the proceedings, I defend the suspension of the proceedings … until the rapporteur of the present complaint decides on the request for procedure and declares the unlawfulness of the evidence … requested, alleged by the plaintiff, "wrote Fux. The process will prevent Marc Aurèle from making the decision.
According to the new rule of the privileged forum, investigations citing senators and MPs should only be processed at the STF if the facts occurred during the current term, because of the position held. As the alleged unlawfulness was prior to Flavio's taking office in the Senate, while he was still a member of Parliament, it is more than likely that the trial will proceed in the lower court.
Fux made this decision during the adjournment because, as Vice-President of the Court, he was responsible for resolving pressing issues by the end of January. When the STF returns to normal, from 1 February, Marco Aurélio will take over the case and may even cancel the Fux injunction.
The decision was taken in secret in the morning. The Office of the Attorney General of Rio de Janeiro has learned that "due to a precautionary decision", the suspension of the proceedings was fixed "until the rapporteur of the complaint pronounced" – in this case, Marco Aurélio. In the afternoon, Fux revoked the secret of the case and leaked the entire office.
Queiroz missed four testimonies convened by the prosecutor's office. His family did not testify either. Last week, the elected senator was not to testify before the Attorney General's Office, saying that it would mark a new date after gaining access to Queiroz's investigation.
In December, Rio's attorney general, Eduardo Gussem, issued a clarifying note regarding the opening of 22 investigations into the facts presented in the report of the Financial Activities Supervisory Board (Coaf), which now part of the Ministry of Justice. Justice, including the case Fabrício Queiroz. At the time, he had stated that cases would remain in Rio de Janeiro even after the inauguration of deputies who would act at the federal level.
"As part of the criminal investigation, the re-elected deputies will remain under the authority of the Attorney General of Justice.The other prosecutors mentioned in the GIR, including those elected at the federal level after the Expiry of the current term, will be investigated by the prosecutors of the first level of jurisdiction, in accordance with the new direction of the case law of the Federal Supreme Court ", prosecutor at the 39; time.
According to Coaf, a financial transaction of R $ 1.2 million, considered atypical, was recorded in Queiroz's account. The former adviser has systematically received transfers and deposits made by eight employees who were or are stationed at the Flávio parliamentary office in the Legislative Assembly of the State of Rio de Janeiro (Alerj). It is suspected that there has been a discrepancy in the salaries of the advisers, but so far there is no indication that Flávio Bolsonaro participated in an irregularity.
Among the atypical movements recorded by the Coaf, there is also a compensation of six checks of R $ 4,000 each, or R $ 24,000, paid to First Lady Michelle Bolsonaro, in addition to withdrawals in kind. The president states that the check is part of the payment of a $ 40,000 R $ debt.
In an interview with SBT, Queiroz said that the monetary value of his account was the result of the purchase and sale of used vehicles and that a cancer l? had prevented him from testifying. He did not explain why he had received so many deposits from Flavio's advisers on his account, nor the origin of the money. He simply said that he would clarify everything in front of the Attorney General's office. During the interview, the former counselor also asked to exonerate Jair Bolsonaro.
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