Serra becomes accused of suspicion of cash 2, corruption and money laundering on the statute of limitations of the case | Saint Paul

In the sentence, the judge indicated “sufficiently secure, suitable and capable evidence to indicate, at this procedural moment, the plausibility of the accusatory thesis that the defendant José Chirico Serra has received, in theory, electoral donations not counted in the total amount of R $ 5 million, during the 2014 electoral campaign, to demonstrate, for now, the viability of the persecution and the presence of just cause to initiate the criminal prosecution ”.

The magistrate also decreed the secrecy of the records “to avoid undue interference in the municipal electoral process of 2020, given its proximity.” The secret ends “at the end of the second round of the elections (November 28, 2020)”.

In the decision of this Wednesday (4), the electoral judge also ordered the closure of the investigation in relation to Rosa María García, Roberto Coutinho Nogueira and Fernando Coutinho Nogueira and extinguished the sentence in relation to Luiz Roberto Coutinho Nogueira (death). The magistrate gave the defendants 10 days to respond to the accusation and recruit witnesses.

Wanted, businessman José Seripieri Filho, from Qualicorp, said in a note that “the Public Ministry presented a complaint full of illegalities”, where “the atmosphere of excesses still exists, despite the corrections already made by the Federal Supreme Court” .

“By investigating an electoral donation, the complainants managed to translate this action into a typical crime for a public official, but attributed to a person of private activity, which is prohibited by law. And, apparently, it generated contradictions inherent to the harvest itself. Previously, it may have been forgotten or confused. Difficult to know from the work of the MPE. Faced with such a fragile allegation and little evidence, the complaint must have a short life in court. Yes ”, said the note from Seripieri Filho.

OR G1 He also requested the defense of Senator José Serra, who stated that he was not aware of the complete complaint made by the Public Ministry and, therefore, there is no way to speak to us beyond what was said above, when the complaint was made known. information. that Minister Gilmar Mendes, of the STF, had handed over the process to the Electoral Justice of SP.

In the note released earlier, Serra’s lawyers, Flávia Rahal and Sepúlveda Pertence, said that “the investigation that remains and that returns to the Electoral Court of First Instance is empty and cannot have any other destination than the archive.”

“José Serra continues to believe in the discernment of Justice and serenely awaits the recognition of the other illegalities and falsehoods of the accusations that have been made,” said the lawyers. (look down).

Minister Gilmar Mendes, of the Federal Supreme Court, returned to the Electoral Justice of São Paulo the investigation that investigates the alleged practice of box two (unaccounted for campaign resources) by Senator José Serra (PSDB-SP).

The submission was made last Thursday (29), the date close to the prescription of the case, that is, when the maximum period of sanction for the irregularity ends.

In September, Mendes determined that the investigation into the alleged box 2 against was sent to the STF – in July, Serra was the target of an operation by the Federal Justice of São Paulo, with the participation of the Electoral Public Ministry, which investigates the alleged box two of R $ 5 million in the 2014 Senate campaign.

In that decision, the minister considered that the case should have advanced in the Supreme Court due to the prerogative of forum of the senator in the STF. This is because, for Mendes, the facts go beyond Serra’s campaign for the Senate in 2014 and reach the legislature in the Senate.

The Public Ministry argued that the investigation should continue in the Electoral Tribunal of São Paulo.

The opinion, signed by the Deputy Attorney General of the Republic, Lindôra Araújo, asked the Supreme Court to archive the investigation that refers to events subsequent to 2014, the year in which Serra was elected senator and, with this, became a forum privileged.

According to lawyers Flávia Rahal and Sepúlveda Pertence, “the Supreme Court and the Public Ministry of the Federation itself recognized the nullity of the absurd search and seizure ordered by the Electoral Justice in the homes of José Serra, with the determination to unravel everything that was it originated in the invasive and illegal measures determined against the senator ”.

The defense note also indicates that “the PGR itself stated, in its statement, that” there is also no evidence on the practice of crimes during and related to the mandate of Senator of the Republic. ”

For the lawyers, “with this the entire post-2014 investigation was shelved, demonstrating the objective that this investigation has always had: to demoralize the senator’s image and reputation.”

Rahal and Pertence affirm that José Serra “continues to believe in the discernment of Justice and serenely awaits the recognition of the other illegalities and the falsity of the accusations made against him.”

Videos: All about São Paulo and the Metropolitan Region