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In June, the Rio de Janeiro Justice responded to a request from Flávio’s defense and determined that the investigations be sent from the first to the second instance of the Justice.
For the 3rd Criminal Chamber of the Rio Justice Court, although Flavio currently exercises the mandate of senator, he has the right to the forum of a state deputy in the process and, with this, his case must be analyzed by the second instance of Justice , not for the first. example.
The Rede Sustentabilidade party, however, called the Supreme Court to try to reverse the decision. The speaker is Minister Celso de Mello. Flavio Bolsonaro has already asked the Supreme Court to reject the action.
In action, the party argues that the STF itself decided, in 2018, that the privileged forum is only valid for crimes committed in the mandate and for parliamentary activity.
It also alleges that Flávio Bolsonaro is no longer a State deputy and, therefore, the case of the “crackers” should not be left in the second instance of Justice, but should return to the first.
Attorney General of the Republic, Augusto Aras – Photo: Dida Sampaio / Estadão Content
In the document sent to the Supreme Court, Augusto Aras maintains that a constitutional action cannot serve as a control by the Judicial Power in a specific case.
In other words, for the attorney general, these types of actions are not adequate to question the privileged forum granted to Flávio Bolsonaro in the case.
“For the analysis of specific cases and the review of decisions that are considered contrary to the legal or constitutional order – or to the orientation of the STF that prevails over them – there are adequate means, appeals or not, which cannot be replaced by ADI, appropriate to the cases provided by law, ”wrote the attorney general.
RJ Justice accepts appeal from Flávio Bolsonaro and case goes to 2nd instance
The “crack” is the illegal practice by which the parliamentarian participates in the salary of cabinet officials. According to the lawsuit, this occurred in Flávio Bolsonaro’s office in the Legislative Assembly of Rio de Janeiro. The senator denies it.
It is estimated that around R $ 2.3 million were transferred in a “cracked” scheme, in which the employees of the then deputy returned part of the salary they received in Alerj. The money, according to the investigation, was laundered in a chocolate shop in Rio, of which the senator is a partner and in real estate.
In December 2019, the store was the subject of a search and seizure in the investigation of these suspicious movements by former advisers, including former military police Fabrício Queiroz.
Flávio Bolsonaro denies all the accusations, says he is a victim of persecution and criticizes the leak of information about the process, which takes place in secret from the courts.
According to prosecutors, the criminal organization existed “with a high degree of permanence and stability, between 2007 and 2018, oriented to the practice of misappropriation of public money and money laundering.”
On Wednesday (16), Judge Fábio Dutra, of the First Civil Chamber of the Rio de Janeiro Court of Justice, denied an appeal from TV Globo and upheld a precautionary measure that prohibits the station from revealing information and documents under the secret of the crack crack investigation. , carried out by the Public Ministry of Rio.
The precautionary measure was granted on September 4 to Senator Flavio Bolsonaro, the main investigator of the investigation, by the 33rd Civil Court of the Court.
Globo affirms that the court decision was a restriction on the freedom to inform, since the investigation is in the interest of the entire society. Globo is evaluating the applicable legal measures.