Gilmar Mendes postpones habeas corpus trial that placed Queiroz under house arrest | Politics

The request would begin to be judged next Friday (4) by the Second Panel of the court in a virtual plenary session, when the ministers only cast their votes in the electronic system, without a debate session. There is still no date for the issue to return to the agenda.

Queiroz was Flávio’s advisor at the time of the alleged crime. “Rachadinha” is the name given to the delivery, by the servers, of part of the salary received in the office.

In August, Mendes annulled a decision of the Superior Court of Justice (STJ) and reinstated house arrest, taking into account health reasons (look down).

The Attorney General’s Office appealed Gilmar’s decision and, now, the ministers of the Second Panel will decide whether the couple remains under house arrest or will go to prison.

The appeal of the PGR indicates that the freedom of the couple puts public order and procedural instruction at risk. For the Deputy Attorney General of the Republic, Alcides Martins, the arrest was duly justified in the decision of the first judge and there is no current evidence of the investigator’s precarious health, according to the defense.

In the August decision, Mendes cited that, in the face of a pandemic situation and Queiroz’s fragile state of health, house arrest “is imposed.”

“In the case under analysis, considering the fragility of the patient’s health, who recently underwent two surgeries for malignancy and obstruction of the bladder neck, I understand that the substitution of preventive detention for house arrest is a necessary measure.”

The minister maintained the determination for the use of electronic anklets and other precautionary measures, such as the prohibition of contact with other investigated and leaving the country without prior judicial authorization. According to Gilmar Mendes, the measures are sufficient to stop possible criminal offenses.