Scoreboard for the 2nd class of the STF is tied and the decision will be made by Gilmar Mendes; former governor of Rio was convicted in Lava Jato
Minister Nunes Marques, of the STF (Federal Supreme Court), voted this Tuesday (13.Dec.2022) against the end of the preventive detention of the former governor of Rio de Janeiro Sergio Cabral🇧🇷 Here’s the full of the vote (99 KB).
Nunes Marques accompanied the case’s rapporteur, Minister Edson Fachin, who spoke out against the end of preventive detention (here’s the full of the decision – 167 KB). Now, the 2nd panel of the Supreme Court, which judges the case, depends on 1 vote to form a majority for maintaining or overthrowing the prison, which will be up to Minister Gilmar Mendes.
The ministers Ricardo Lewandowski and André Mendonça voted divergently for the rapporteur, for the end of Cabral’s arrest. Read the full votes (130 KB and 96 KB🇧🇷 The case is in the Court’s virtual plenary and should be closed by Friday (Dec.16, 2022).
The process is related to convictions of the former governor in the course of Operation Lava Jato in investigations into alleged bribes received in the works of the Petrochemical Complex of Rio de Janeiro, Petrobras.
Initiated in June of this year, the trial was interrupted twice by requests for review (more time for analysis): one by Lewandowski and the other by André Mendonça.
The criminal actions against Cabral add up to more than 430 years in prison, in 23 convictions. The former governor is the only known politician denounced in Lava Jato who remains in a closed regime.
Cabral was arrested in November 2016 and is in the Special Prison Battalion of the Military Police, in Niterói, in the metropolitan region of Rio de Janeiro. 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 his decision, Minister André Mendonça considered the defense’s argument that Cabral was kept in prison for 5 years, since preventive detention was decreed. For the lawyers, the measure had “only for the purpose of prepayment of sentence🇧🇷
On this same point, Fachin said that “the fact that more than 5 (five) years have passed since the decree of preventive detention does not matter, in itself, the revocation of this more serious measure, since its necessity has still been demonstrated🇧🇷
In the 2nd panel of the STF, formed by 5 ministers, there are 2 habeas corpus about the case. besides the HC 206987which questions the legality of preventive detention, the HC 203277 questions the competence of the 13th Federal Court of Curitiba – which had the former judge, former minister and elected senator Sergio Moro (União Brasil-PR) as holder – to judge the case.
Fachin and Mendonça considered that the process falls under the jurisdiction of the 13th Court of Curitiba. Lewandowski, on the other hand, defended that the case be sent to the Federal Court of Rio de Janeiro and that previous decisions be annulled, from the receipt of the complaint. In the vote on Tuesday, Minister Nunes Marques decided to keep the case in the Federal Court of Paraná.
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.
To Power360the advice of Cabral’s lawyers informed that the defense should only manifest itself after the conclusion of the ongoing trial in the 2nd panel of the STF.
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