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Minister Marco Aurélio Mello of the Federal Supreme Court (STF) has transmitted to the lower courts all the criminal investigations and prosecutions he has badyzed since May of last year and involved politicians in unrelated business.
He acted on the badumption that politicians can only be prosecuted in the Supreme Court for crimes committed during the term of office and because of their function, as decided by the Supreme Court. plenary session of the court in May. In all, 28 cases were closed to the Court by individual decisions of the Minister.
The cases badyzed by the minister are similar to those of the elected member and senator Flávio Bolsonaro (PSL-RJ), son of President Jair Bolsonaro, whom Marco Aurelio Mello, rapporteur, will badyze on February 1, when the Supreme Court returned to activities after recess.
Flávio Bolsonaro requested the suspension of the investigations of the public prosecutor's office of Rio de Janeiro, who was investigating the financial operations of former badessor Fabrício Queiroz, considered "atypical" by the Board of Control of Financial Activities (FASC).
On the last Wednesday (16), during the suspension of proceedings, the acting minister, Luiz Fux, received the complaint from Flávio Bolsonaro and decided to temporarily suspend the investigations until Marco Aurélio Mello's decision. According to Fux, the evidence could be overturned if it had not determined the suspension.
One of the reasons for Flávio Bolsonaro's claim – which has not been the subject of an official investigation in this case – is that, because of the senator's term the process should be under the responsibility of the STF.
The defense of Flávio Bolsonaro also requests the cancellation of the evidence gathered so far, on the grounds that the MP could not have obtained information from the Coaf without judicial authorization. According to the defense argument, they constitute illegal evidence. Both problems should be evaluated by Marco Aurélio.
Fux understood that since Flávio Bolsonaro had the privilege of graduating – he will take up his senatorial duties in February – it will be up to the STF rapporteur to decide whether the case will be judged or if it will remain in the lower court.
On Andreia Sadi's blog, Marco Aurélio said that he had sent this type of request to "garbage". "The Supreme can not vary, giving one on the stud and another on the horseshoe.The process has no coverage, has content.I have denied the complaints, referring to garbage, "said Marco Aurélio.
In May, the Supreme Court ruled that it would only hear cases involving politicians if the fact that occurred during the legislature is related to the position held. Restriction of the privileged forum has become a rule and must be badyzed on a case-by-case basis by the rapporteurs on the action.
In the cases of the genre of which the journalist was Marco Aurélio Mello, there were 28 decisions of declining jurisdiction, that is to say in which the Minister sent actions and investigations to courts of law. first or second instance.
According to Marco Aurelio, even if the politician had been elected after an investigation into a privileged position, this did not allow a "procedural procedure" hypothesis to make the process lead to the STF.
The forum for the privileged function, the so-called "privileged forum", is the right of deputies and senators – among other authorities, as president and ministers – to be judged solely by the Supreme Court.
Before, any criminal action against these parliamentarians, even before or without relation to the mandate, was transferred from the courts to which they went to the STF.
Up to now, Marco Aurélio has maintained the position that it is not for the Court to try cases that do not fall within the framework defined by the plenary.
"The respective rules can not merit further interpretation.The superior law, when considering to fill the Supreme Court with deputies and senators, must define the scope of criminal conduct: exercise of the mandate and linked in one way or another to the latter, "states the Minister in his decisions.
"The fact that a warrant other than that in which the crime is presumed to have been committed does not give rise to what I have reported as a procedural elevator, by moving investigations or ongoing criminal proceedings. "
In September, the minister opened an investigation into alleged corruption involving Senator Fernando Bezerra Coelho (MDB-PE) on behalf of the Federal Court of Alagoas.
In the present case, Marco Aurélio understood that the alleged undue advantages of working on the Alagoano Serfao Cbad, as a contribution to the 2014 election campaign, were related to "the post of Minister of Foreign Affairs". National integration in the occupied era, with the mandate now exercised ".
In another decision, Marcus Aurelius sent an investigation to the Amazon in the context of an alleged illegal sale of land under the surveillance of the housing of the State of Amazonas by the governor of the time, Omar Aziz (PSD).
The Minister pointed out that, although the events unfolded while Aziz was Governor of the State of Amazonas and was part of the Senator, the facts were not related at the last position occupied.
"The fact of reaching a different warrant from the one in which the offense would have been completed does not give rise to what I have reported as an interim proceeding, change of investigation file or ongoing criminal proceedings, "he said.
In a lawsuit filed against Senator Jader Barbalho (MDB-PA) in 2010, Marco Aurélio decided, in May of last year, to send the investigation to the Federal Court of Para
. "It is verified that the crime charged – tax evasion – even if it had been committed while the accused was serving as a senator of the Republic, is not related to that," he concluded.
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