The Second Panel of the Federal Supreme Court (STF) declared this Tuesday, the 14th, the jurisdiction of the Rio de Janeiro State Justice to prosecute and judge businessman Jacob Barata Filho, the ‘Rei do Ônibus’, and the former governor Sérgio Cabral in Operation Ponto Final, an offshoot of the Lava Jato from Rio de Janeiro that investigated suspicions of bribes by transport company owners.
The decision imposes yet another defeat on Judge Marcelo Bretas, of the 7th Federal Criminal Court of Rio de Janeiro, responsible for the processes arising from the Lava Jato Rio. Exposed Invoice Operation.
Barata Filho and Cabral were denounced by the Federal Public Ministry and convicted of corruption, money laundering and criminal organization. The indictment says that businessmen would have offered an undue advantage to the then governor in exchange for benefits to the transport sector. The investigation had as its starting point the award-winning denunciation of Álvaro Novis, appointed as the former governor’s financial operator.
Minister Gilmar Mendes, rapporteur of the habeas corpus moved by the businessman’s defense, noted that the fact that the investigation was conducted by the Lava Jato task force, by itself, does not attract jurisdiction to the 7th Federal Court.
In his assessment, the investigation has no evidential connection with other processes of Lava Jato in Rio and does not involve federal resources, so it should not remain in the Federal Court.
The understanding was followed by ministers Ricardo Lewandowski and Nunes Marques. Minister Edson Fachin was isolated in the divergence. He saw connection with Operation Calicut.
With the decision of the Second Panel, the criminal action will be freely redistributed in the State Court of Rio de Janeiro and it will be up to the natural judge to decide whether or not to confirm the decision-making acts handed down so far.
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