Former governor of Rio de Janeiro, Sergio Cabral, became a defendant in a new action for administrative impropriety. The lawsuit filed by the MPRJ (Public Ministry of the State of Rio de Janeiro) last December, asks the “full repair of BRL 271 million”.
According to an official note from the ministry, the action filed through the GAESF (Specialized Action Group to Combat Tax Evasion and Tax Illicit) is the result of another claim by “practice of harmful acts to the public administration” against the company Álcool Química Canabrava SA The lawsuits are pending at the 2nd Public Treasury Court of the TJ-RJ (Court of Justice of Rio de Janeiro).
“The Public Ministry maintains, based on all the evidence gathered in the investigation, that the development program, created by Decree n. 43,739/12 of the then governor, did not meet the constitutional and legal requirements of fiscal responsibility, as well as there was no fulfillment of the socioeconomic counterparts signed in terms of agreement by the beneficiary agent, even identifying repeated practices of structured tax fraud aimed at evasion of ICMS”informed the text.
The agency also highlighted the fact that it works to recover the tax benefits granted to the company. The action, “moved after the gathering of robust evidence of the illegal granting of tax benefits to the company Álcool Química Canabrava SA, claims full compensation of R$ 271 million”.
RELEASED AFTER 6 YEARS
Sergio Cabral left the Military Police Prison Unit in Niterói, metropolitan region of Rio de Janeiro, on December 19, 2022. The former state governor had been in prison since 2016, based on the Lava Jato operation. Cabral had the release permit granted by the 13th Federal Court of Curitiba, Paraná. Here’s the full (118 KB).
On December 16, 2022, the last outstanding arrest warrant against the former emedebist was revoked by the 2nd Panel of the STF (Federal Supreme Court). The trial was related to Cabral’s convictions in the course of Lava Jato in investigations into alleged bribes received in the works of Petrobras’ Rio de Janeiro Petrochemical Complex.
Despite having been released from the prison unit, the release permit for the former governor of Rio established several clauses, which must be complied with under penalty of his returning to prison. Are they:
- “He may not leave his residence, except with authorization from the Court, with the exception of emergency cases of the accused and his family members, which must be communicated to the Court within a period of up to 24 hours;
- “You will be subject to full-time electronic surveillance, using an anklet;
- “You can only receive visits from relatives up to the 3rd degree, registered lawyers, and health professionals. Forbidden visits by Justice collaborators or, obviously, others investigated, especially from the Lava Jato operation;
- “The accused cannot promote parties or any other social events in his residence;
- “You cannot change your address without prior court authorization;
- “Obligation to appear in court whenever subpoenaed to do so;
- “In the event that, with an arrest warrant, the present precautionary measure is repealed in the future, the accused must present himself to the local federal police authorities for the execution of his recapture.”
DEFENSE
In a note released after the release permit was issued, Sérgio Cabral’s defense stated that he “will respect all the determinations established by the Justice”. He said that the ex-governor will not speak to the press, because “his greatest desire is to be in the company of his family”. Here’s the full (173 KB).
O Power360 came into contact with the defense after leaving the prison unit. Cabral’s lawyers stated that the position is maintained.
CABRAL PROCESSES
The criminal actions against Sérgio Cabral amounted to more than 430 years in prison, in 23 convictions. The former governor was the only known politician denounced in Lava Jato which, until this 2nd, was in a closed regime.
Cabral was arrested in November 2016. The investigation investigated misuse of public resources by a criminal organization, which would be commanded by Cabral, in works carried out by the government of Rio de Janeiro. The estimated damage to public coffers exceeds R$ 220 million.
In November of this year, the 5th Criminal Chamber of the TJ-RJ (Court of Justice of Rio de Janeiro) unanimously revoked 2 preventive arrest warrants against Cabral. As a result, of the 5 arrest warrants against the former governor, 4 had been revoked and 2 had been converted into house arrest with an electronic anklet.
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