11/10/2024 – 12:54
Minister André Mendonça, of the Federal Supreme Court (STF), ordered the closure of two investigations involving the governor of Rio de Janeiro, Cláudio Castro (PL), on suspicion of corruption.
The investigations are related to Operation Cataract and suspected embezzlement at the Leão XIII Foundation. In a statement, the defense stated that the decision recognizes “several illegalities and abuses in the spurious investigations”.
In addition to closing the investigations, the minister annulled evidence obtained from the award-winning collaboration agreement with businessman Marcus Vinícius Azevedo da Silva. The decision states that prosecutors from the Public Ministry of Rio de Janeiro “consciously” disrespected the governor’s forum prerogative.
“Without going into possible implications of bad faith in relation to the prosecutors who worked in the case, it cannot be ignored that the illegalities verified (…) characterize, at the very least, the existence of a serious error”, wrote André Mendonça.
The irregularities identified by the minister would have occurred in the negotiations to complement the businessman’s plea. The agreement was reached with the Attorney General’s Office (PGR) as it involved authorities with forum prerogative. Subsequently, the Public Ministry of Rio joined the agreement. Adhesion, however, was not immediate. The first-degree prosecutors held four meetings with the businessman, between November 2021 and April 2022, to decide whether they would take advantage of the plea bargain, which effectively occurred.
For André Mendonça, these meetings were used to circumvent the forum prerogative and obtain information about Cláudio Castro irregularly. “The statements were collected progressively, based on a sequence of meetings and searches in this direction”, concluded the minister.
When he was formally heard by first-degree prosecutors, after the Rio MP agreed to the agreement, the businessman formally accused Cláudio Castro of corruption. With the express mention of the governor, the case was sent to the Superior Court of Justice (STJ), which has jurisdiction to judge the heads of the Executive of the States.
“Only after everything was collected, it was argued that it should be sent to the STJ, as if the Governor’s involvement in the collaborator’s words had arisen suddenly and unexpectedly, fortuitously. However, it is clear that this was not a fortuitous meeting of elements”, says the minister in another part of the decision.
“The statements regarding the patient were not surprising or unexpected, similar to what could occur in a telephone interception, in a search and seizure or in an arrest in the act. The reference to the Governor did not happen suddenly.”
The decision is not final. If there is an appeal, the STF will still be able to look into the process and, eventually, authorize the resumption of the investigations. If the ministers confirm André Mendonça’s position, the investigation must be definitively closed.
Defense
Sought by the report, lawyers Daniel Bialski, Bruno Garcia Borragine, Luís Felipe D’Alóia, Bruna Luppi Moraes and André Bialski, who represent the governor, sent the following note:
“The defense of Governor Cláudio Castro welcomes with relief the decision of the Supreme Court which, in addition to recognizing the various illegalities and abuses in the spurious investigations carried out, determined the closure of the Inquiries being processed before the Superior Court of Justice. And, in respect for the procedural rules and the secrecy of justice imposed on the case, it is limited to praising the brilliant decision handed down which, once again, respected fundamental rights and guarantees, putting an end to the null procedures.”
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