While receiving transfers via PIX from supporters, former president Jair Bolsonaro evoked ‘his livelihood and that of his family’ in an attempt to unlock at least part of the more than R$ 500,000 confiscated to pay fines for not wearing a mask during the pandemic from covid. The defense of the ex-chief of the Executive maintained to the São Paulo Justice that the constrictions enacted due to the non-payment of debts reached a ‘food allowance’.
Based on this argument, Bolsonaro even made a proposal to the São Paulo execution court: that the blocking of his bank accounts be replaced by the attachment of an apartment in the Southwest Sector in Brasília. The property has 111 square meters. The IPTU calculation base for the property is R$ 532,278.09. The amount corresponds to the market value of the apartment, estimated by the government and used to calculate taxes.
By presenting the basic data of Bolsonaro’s apartment, his defense took to the São Paulo court a series of advertisements for similar apartments – in the same court and block as the former chief executive’s property. The advertisements show values ranging from R$ 1.2 million to R$ 2 million. According to the ex-president’s lawyer, Karina Kufa, the ‘value certainly exceeds that of the execution, which is why no damage to the Public Treasury could be envisaged’.
The requests were presented to the two judges who blocked amounts in Bolsonaro’s accounts. The former president’s debt to the government of São Paulo, due to fines for non-compliance with sanitary measures in the midst of the pandemic, already exceeds R$ 1 million. After the siege against the former president closed, supporters and allies started crowdfunding for Bolsonaro’s benefit. Last Thursday, the 29th, the former Chief Executive stated that he had already collected enough money to pay all the fines.
As shown the Estadão, Bolsonaro was the target of two blockades determined by the Justice of São Paulo. The main one was signed by Judge André Rodrigues Menk, from the São Paulo State Tax Enforcement Court. He ordered up to BRL 425,000 taken from the ex-president’s charges due to a fine for not wearing a mask during a visit to Miracatu, Vale do Ribeira, in October 2021. The same measure was adopted by judge Ana Maria Brugin, who ordered a freeze up to 88.9 thousand in Bolsonaro’s account because of a fine applied in Itapeva, another municipality in the interior of São Paulo.
Bolsonaro’s defense, led by lawyer Karina Kufa, appealed against the orders. She had one of the requests partially accepted by Judge André Rodrigues Menk, who unlocked a fraction of the amount that had been frozen in the former president’s accounts.
When analyzing the case, the magistrate took as a basis the article of the Code of Civil Procedure which says that ‘the amount deposited in a savings account, up to the limit of 40 minimum wages’ cannot be seized. According to Menk, ‘there was not the slightest evidence’, by Bolsonaro’s defense, that the blocked amount reached Bolsonaro’s salary budget, nor that the constriction reached the amount applied to savings. However, the judge released part of the money: R$52,800, corresponding to 40 minimum wages.
In such a process, the Justice had not located the full amount of the fine in Bolsonaro’s account. If the blocking order initially reached up to BRL 425 thousand, only BRL 124,304.28 were found in the former president’s account. After the release, R$ 75,000 were sent for attachment.
As for the request to replace the blocking of assets with the attachment of the apartment in Brasília, the judge noted that it was not possible to accept the request, at least for now. On the last day 19, the magistrate asked that the state government manifest itself, in 15 days, on the subject. On the other hand, André Rodrigues Menk pointed out that the defense did not present the registration of the property ‘offered, which prevents the analysis of the property and the verification of whether other blocks fall on it.
Judge Ana Maria Brugin, who analyzed the same request presented to her office, immediately rejected the request to replace the blocking of assets with the attachment of the apartment in Brasília. She noted that the legislation provides for the possibility of substituting the attachment of goods for money, but not the opposite. The magistrate also noted that the fact that the property is located in the Federal District would make it difficult to sell it.
The magistrate also denied the request to release assets, noting that colleague André Rodrigues Menk had already released an amount equivalent to 40 minimum wages. In the process under the responsibility of the judge, the Justice managed to locate and block the BRL 88.9 thousand foreseen in the initial order.
Nullity
Apart from requests to release funds and replace the restriction with the attachment of an apartment, Bolsonaro’s defense tries to cancel the fines imposed on the former chief executive. The ex-president’s lawyer questions the fact that Bolsonaro was framed for violating the State Sanitary Code and was not fined in accordance with the resolution of the Health Secretariat – which provides for a milder sanction. Such issues will still be discussed in the process.
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