Pre-trial detention since 2016, ex-governor of Rio has the only case still pending under analysis by the 2nd Panel of the Court
The 5th Criminal Chamber of the TJ-RJ (Court of Justice of Rio de Janeiro) unanimously revoked this Wednesday (Nov. Sérgio Cabral🇧🇷
Cabral remains in prison by order issued by the former judge of the 13th Federal Court of Curitiba, Sérgio Moro, now a senator elected by Paraná. The validity of the case is under analysis by the Federal Supreme Court (STF).
The former governor has been in a closed regime for 6 years, since November 2016. He was arrested during Operation Calicut, accused of embezzling federal public resources in works carried out by the state government of Rio. It is estimated that the damage to the public coffers was more than R$ 220 million.
The investigation identified signs of cartel formation in works carried out at Comperj (Rio de Janeiro Petrochemical Complex) with federal resources through payment of bribes to public agents. Cabral was one of the beneficiaries of the scheme.
In all, the 7th Federal Criminal Court of Rio de Janeiro issued 38 search and seizure warrants, 8 preventive arrest warrants, 2 temporary arrest warrants and 14 coercive arrest warrants. Another 14 search and seizure warrants, 2 for preventive arrest and 1 for temporary arrest were issued by the 13th Federal Court of Curitiba.
Of the 5 arrest warrants against Cabral, 4 have already been revoked by the courts, 2 of which have been converted into house arrest with an electronic anklet.
The former governor was denounced in 35 cases by Lava-Jato. Were 33 in the Federal Court and 2 in the scope of Rio. The convictions add up to 23 criminal cases, with accumulated sentences of more than 436 years in prison.
This Thursday’s revocation was celebrated by Cabral’s lawyers, Patrícia Proetti, Daniel Bialski and Bruno Borragine in a note.
“The decision shows the collegiate’s commitment to the Constitution and due process of law, in addition to being eloquent in demonstrating the absolute absence of contemporaneity and reasons for keeping the former governor in prison, as demonstrated by the defense in the course of the process”said the defense.
CASE IN THE STF
The 2nd Panel of the STF analyzes the request for annulment of Cabral’s conviction. The score is 1 to 1. The rapporteur, Minister Edson Fachin, denied the requests and voted for the maintenance of preventive detention. Minister Ricardo Lewandowski, on the other hand, voted for the nullity of Moro’s competence and revocation of the prison.
The trial was interrupted by Minister André Mendonça’s request for a view. The votes of ministers Gilmar Mendes and Kassio Nunes Marques are still missing.
#TJRJ #revokes #Cabrals #arrest #warrants #output #depends #STF