05/31/2024 – 20:59
Federal Supreme Court minister Dias Toffoli denied releasing Ferraz de Vasconcelos councilor Flávio Batista de Souza, known as Inha, who was the target of Operation Muditia – investigation into a fraud scheme worth more than R$200 million in city hall and city council tenders municipalities in São Paulo under the influence of the PCC.
Toffolli said he did not see ‘teratology (abnormality), flagrant illegality or abuse of power’ for him to grant the order, as requested by Inha’s defense.
The councilor’s lawyers are questioning, in the Federal Supreme Court, a monocratic decision by the Superior Court of Justice that denied converting Inha’s preventive detention into an alternative precautionary measure or even placing him at home.
The Ferraz councilor was denounced by the São Paulo Public Ministry on suspicion of receiving bribes from the gang linked to the PCC. As shown by Estadão, messages intercepted on the cell phone of pagodeiro Latrell Britto, appointed as head of the scheme, show negotiations with Inha. Furthermore, in one of the messages, the businessman tells his secretary: “Separate R$17 thousand for Inha”, which was seen by the Prosecutor’s Office as a clear indication of corruption.
Toffolli pointed out that the STF’s jurisprudence does not allow the analysis of habeas corpus filed against the STJ’s monocratic decision. The measure could only be granted if the minister saw any clear illegality in the case, which did not occur.
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