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Assistant prosecutor Roberto Luís Oppermann Thomé opposed a request by Flávio Bolsonaro to the Superior Court of Justice to cancel the crack investigation.
The senator’s defense argued that the June decision of the Rio de Janeiro Court of Justice, which granted it a privileged forum in the case, should also invalidate records, confidentiality violations and other procedures authorized by the trial judge Flávio Itabaiana .
In the trial that transferred the investigation to the Special Organ of the TJ-RJ, the majority of the judges decided to maintain the validity of the evidence collected in the investigation.
“The verdict is, therefore, in harmony with the reiterative and patent national jurisprudence on the matter in similar cases in terms of not giving rise to the recognition of the incompetence of the sentence by itself, nullity of the precautionary decisions, since the competent authority upon receipt of the deed may (r) ratify such decisions; furthermore, the defense has not shown any prejudice to authorize the alleged recognition of the alleged and alleged procedural nullity, “said Thomé in the opinion sent to the STJ.
Last week, Minister Félix Fischer, habeas corpus rapporteur at the STJ, had already denied a request for a precautionary measure. The case is now on trial in the Fifth Chamber of the court.
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