Minister João Otávio de Noronha, of the Superior Court of Justice (STJ), ruled on Wednesday, 24, that the criminal action of the “cracks”, involving senator Flávio Bolsonaro (Patriota-RJ) and his former advisor Fabrício Queiroz , will only be able to advance if the Public Ministry of Rio de Janeiro (MP-RJ) presents a new complaint against those investigated, and does not rely on evidence annulled by the Court.
Earlier this month, the Fifth Panel of the STJ had annulled all the evidence gathered by first instance judge Flávio Itabaiana against the senator in the case.
In the decision, Noronha states that he was convinced “that there was, in fact, an affront to the judgment handed down by the Fifth Panel of the STJ”. “In fact, the attributions of criminal conduct to the accused are based entirely on information that derives, directly or indirectly, from the evidence annulled by this Court,” he wrote.
The complaint against Flávio and Queiroz was filed in October 2020, but has not been analyzed. The senator is accused of orchestrating criminal organization, money laundering, embezzlement and embezzlement. In August of this year, Noronha provisionally suspended the proceeding on the same grounds that evidence did not comply with the Fifth Panel’s decision.
“It is not rare to mention the extraction of elements that derive from the annulled precautionary measures, nor to the evidence derived from those declared null”, stated Noronha in yesterday’s decision. The minister wrote that the complaint presents screen shots of bank statements, analysis of the financial flow of those investigated, among other evidence arising from the breach of bank secrecy of the accused – the STJ also annulled the possibility of using these elements.
“Now, if the bank and tax secrecy of the accused was restored, there is no way to admit that the prosecution proceeds based on a pleading that violates it by merely reading it.”
The case began with the identification of atypical financial transactions in Queiroz’s account by the Financial Activities Control Council (Coaf), when Flávio was still a state deputy at the Rio de Janeiro State Assembly (Alerj). The investigation has been stalled for over a year in the Second Panel of the Federal Supreme Court (STF), which must determine in which court the son of President Jair Bolsonaro should be tried.
The defenses of Flávio and Queiroz were not located by the report until the conclusion of the report.
+ Horoscope: check today’s forecast for your sign
+ Video: Driver leaves Tesla car on autopilot and sleeps on SP highway
+ Food stamps: understand what changes with new rules for benefit
+ See which were the most stolen cars in SP in 2021
+ Expedition identifies giant squid responsible for ship wreck in 2011
+ Everything you need to know before buying a crockpot
+ Discovered in Armenia most eastern aqueduct of the Roman Empire
+ US Agency warns: never wash raw chicken meat
+ Passenger attacks and pulls out two stewardess teeth
+ Aloe gel in the drink: see the benefits
+ Lemon-squeezing trick becomes a craze on social media
+ Lake Superior: the best freshwater wave in the world?
#Action #cracks #depends #complaint #decides #Noronha #ISTOÉ #DINHEIRO