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The "toll" or "monthly" that some politicians charge their mandated employees is illegal, but it is more common than you think. Since the beginning of the year 2000, cases have been reported in several states, which has already resulted in the cancellation of a member of parliament and the repayment of funds to the Treasury. In practice, this works as follows: a professional is appointed as a counselor in an office and receives a salary of 2,000 reais, for example. The same day this amount falls on his account, he is obliged to return part of this remuneration (from 10% to 70%) to a person from the parliamentary trust. In general, there is a pact of silence between the parties: the councilor wishes to keep his position and depends on the politician who confiscates part of his income.
The subject was approached again because of the case of Fabrício José Carlos de Queiroz. Advisor to MP and elected Senator Flávio Bolsonaro (PSL-RJ). Queiroz was intercepted by the Financial Activities Council (Coaf), transferring 1.2 million reais – five times its annual income – and receiving deposits from at least nine agents of the Rio Legislative Assembly. Janeiro on dates close to payment processing and transfer of 24 000 reais to Michele Bolsonaro, wife of President-elect Jair Bolsonaro (PSL). For the moment, none of the Bolsonaro is being investigated and politicians deny having committed any irregularities. In private, however, researchers are working on the badumption that there is a system similar to the "toll". The suspicions around Flávio Bolsonaro's office grew again with a report by Jornal Nacional which showed that a server who had made a transfer to Queiroz spent more than half of the time in Portugal working for his son
The report briefly reviews the prosecutors and finds that, as of 2002, at least six city councilors and two deputies from the state of São Paulo have been the subject of an investigation for have retained some of their auxiliary treatments. For Mato Grosso, an alderman was banned for this reason. And in Rio Grande do Norte, another has been publicly sanctioned. The illegal practice is so widespread that the Legislative Assembly of São Paulo has organized in recent weeks a course for newly elected deputies, in the course of which it has warned parliamentarians against the criminal risks of withholding the salaries of their members. agents. Janaína Paschoal (PSL-SP) revealed on her Twitter part of the explanation of a servant of Corregedoria. She said, for example, that it would be difficult to put a stop to this practice, because the person who has the most conditions to report the crime, the official who pays the balance sheet, ends up being punished with the member who hired him. "A system only works when there are incentives for lawful behavior!"
Former City Councilor and comedian Marquito (PTB-SP), suspected of stealing the show, is one of most famous recent reports regarding the toll paid by the advisers. up to 70% of the salaries of its employees. Lenice Lemos (DEM-SP) and Claudete Alves (PT-SP), two advisers, were also ordered to return some R300,000 to the public coffers. Defeat at the ballot box, however, was the biggest punishment inflicted on these three politicians.
Currently, the case of Flávio Bolsonaro's former adviser is in contact with Rio's public prosecutor's office, which has atypical movements of a group of multi-party servers. If this happens in the context of a formal investigation against Flávio, it is possible that the process changes hands for the second time and that it crosses several stages on the judicial scale. I would go from the public prosecutor's office in Rio de Janeiro to the Attorney General's office. The reason is that from 1 February, Flávio will occupy one of the 81 seats of the Federal Senate.
The stake is not a consensus among legal operators, because in May the Federal Supreme Court had changed its conception of the extension of the forum. privileged for politicians. At the time, the ministers had concluded that they would only respond to cases in higher instances that they committed the crime during the performance of the warrant. For example, if a sworn deputy in 2019 is sued in 2014, even if he is still not a parliamentarian, he will be tried in the first degree. In the specific case of Flávio (in case it is the subject of an investigation), his judgment would be that of the Court of Justice of Rio de Janeiro, to which the deputies of the State report in criminal cases. In the meantime, before the process really progresses, all the suspects end up benefiting from the judicial suspension of the Rio de Janeiro judiciary. The main services of this power will be suspended between December 20 and January 20, 2019.
Impact on the Senate
While suspicions surrounding the eldest son of Bolsonaro feed his opponents, who called the case Bolsogate, the family was removed for almost a week, without making any statements to reporters. The silence was broken on Wednesday night by the president-elect, who spoke through a live broadcast on his Facebook profile, and by Flavio, who sent a press release to justify himself. Jair Bolsonaro said: "If something is wrong with me, with my son or with (the former counselor) Queiroz, pay the bill for this mistake because we can not commune with him. mistake of person. "
While Flávio stated that he did nothing wrong, regretted that his former counselor decided to speak only with the Attorney General's office, complained about media coverage that barely highlights the involvement of representatives of parliamentarians from other parties, such as the PSOL, and hurry up that everything be cleared up. "The media are striving to deconstruct my reputation and are trying to join Jair Bolsonaro Do not believe in this absurd plot that the media has created to try to manipulate public opinion."
Even though there is no legal impact, the case may have a high political cost for Flávio Bolsonaro. Arguing to prevent Renan Calheiros (MDB-AL) from being elected president of the Senate, Flávio recently received a message from Alagoano: in case he would insist on this veto, Calheiros could present his case to the Ethics Council of the House as a violation of parliamentary decorum. Nevertheless, Flávio and other supporters of Bolsonaro have already stated that they would try to prevent the candidacy of Calheiros.
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