Minister of the STF transferred the action to the Electoral Justice; Former governor of the Federal District remains ineligible
The Minister of the Federal Supreme Court (STF) André Mendonça annulled on Friday (May 20, 2022) the conviction of the former governor of the Federal District Jose Roberto Arruda (PL) in the case known as “Panettone party”.
Mendonça partially complied with a request for habeas corpus of Arruda’s defense. The magistrate considered that the case should have been judged by the Electoral Court, and not by the Common Court. Thus, he determined the transfer of the process to the Electoral Court of the Federal District.
“ÇI have granted the writ of habeas corpus for, only with regard to̧go to açcriminal action No. 2013.01.1.122374-3, recognize the jurisdiction of Justicȩthe Federal District Electoral Office, where the records must be sent, as a matter of urgencŷcourt, declaring null and void the acts performed by the Justicȩthe Common of the Federal District”said Mendonca.
Here’s the intact of the decision (193 KB).
André Mendonça’s decision does not extend to the other actions (12) related to the Pandora’s Box operation, which took place in 2009 – which contradicts the defense’s request. “Therefore, I am not aware of the request for extension of the declaration of incompetence of the Common Justice in relation to criminal actions other than action no 2013.01.1.122374-3”says the judge.
The former governor has another conviction in the 2nd Instance that was not annulled and, therefore, remains ineligible due to the Clean Record Law.
Arruda is the husband of former Minister of the Secretariat of Government Flávia Arruda, who left the administration of President Jair Bolsonaro to run for a seat in the Senate for the PL.
Understand
On May 5, 2017, the Federal District Court sentenced former governor José Roberto Arruda to 3 years, 10 months and 20 days of imprisonment in the semi-open regime, in addition to a fine, for the crime of fraudulent misrepresentation on an ongoing basis.
At the time, the judge of the 7th Criminal Court of Brasília, Paulo Carmona, stated in the sentence that 4 receipts presented by Arruda as proof of donations received for the Panettone (in 2004, 2005, 2006 and 2007) were produced on the same day and place, at the official residence of Águas Claras. The amounts totaled R$ 90 thousand. Here is the full sentence (181 KB).
It was the former governor’s first criminal conviction in the Pandora’s Box operation, which pointed to crimes such as bidding fraud, participation in a criminal organization and embezzlement of public funds involving the then governor Arruda and allied deputies.
Prison
In 2010, the former governor was arrested by decision of the STJ (Superior Justice Tribunal). Arruda was accused of coercing witnesses and obstructing investigations into an alleged corruption scheme.
In denouncement, a former secretary of Arruda’s administration, Durval Barbosa, handed over to the Federal Police (Federal Police) recordings that resulted in the so-called Mensalão do DEM.
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