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BRASÍLIA – Before leaving the presidency of the Federal Supreme Court (STF) last week, Minister Dias Toffoli decided to close the 12 investigations opened in the Supreme Court after the award of former governor Sergio Cabral, signed with the Federal Police. In practice, the action means that no authority with privileged jurisdiction in the Supreme Court can be sanctioned as a result of the former governor’s accusations.
Fachin: The penal system is unfair and unequal for the poor and lenient towards the powerful
Toffoli contradicted the decision of Minister Edson Fachin, who ratified Cabral’s complaint and authorized the opening of these twelve inquiries. Fachin sent inquiries to the STF presidency to define a new rapporteur by lottery, but Toffoli then requested a statement from the Attorney General, Augusto Aras, on these inquiries.
The Cabral case exposed a legal impasse and a frontal divergence between the PGR and the PF. It was the first time that the Public Ministry refused to carry out open investigations based on a complaint from the PF. In previous cases, such as the Palocci complaint, the Public Ministry continued investigations after approval, although it was contrary to the agreement. In his statements in the investigations, Aras suggested that the STF evaluate a new application of the rule on allegations of PF. Aras cited that he does not want to discuss the trial again, but “provoke” the STF to adopt a new rite.
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Cabral’s guilty plea was signed with the Federal Police late last year. At that time, Aras spoke out against Fachin and asked him not to ratify the complaint. The minister, however, understood that the agreement met all legal requirements and authorized the complaint, in a February decision. A short time later, Fachin authorized the PF’s request to open twelve investigations based on the facts described in the complaint. However, due to the action of Toffoli, these inquiries were never referred to the PF for the initiation of investigations.
In requesting submissions, Aras suggested that the Supreme Court re-evaluate the award-winning method of the PF, which the Court itself had authorized in a trial in June 2018. On that occasion, the full STF decided, by majority, that the PF delegates They could enter into collaboration agreements. Fachin, at that time, was against it, but began to follow the understanding of the plenary and has ratified several agreements. Since the trial, the PF has had at least eight agreements approved by the STF, such as that of former PT minister Antonio Palocci and publicist Duda Mendonça.
