The 2nd Panel of the Federal Supreme Court (STF) denied opening an investigation against federal deputy Nikolas Ferreira (PL-MG) and the governor of Minas Gerais, Romeu Zema (Novo), for the crimes of embezzlement and irregular use of public funds .
The Supreme Court received a criminal report against the 2, in February, due to their participation in the act called by former president Jair Bolsonaro (PL) on Avenida Paulista, in São Paulo, in the same month. The action was filed by the teacher and candidate for councilor in Belo Horizonte, Sara Azevedo (PSOL-MG).
The action’s rapporteur, Minister Nunes Marques, decided to close the case in March this year, considering that it was a public criminal action and that only the Federal Public Ministry (MPF) could open an investigation to investigate the crime news. presented. According to Marques, the Court does not have the power to investigate and accuse, because this would violate the “accusatory principle and the impartiality of the judge”.
The PSOL candidate appealed the decision and claimed that the crime news should have been attached to the investigation investigating the acts related to January 8th.
However, the Supreme Court denied the appeal. Nunes Marques said that the act in São Paulo is not related to the aforementioned investigation. For him, the exceptional hypotheses that had already led the STF to initiate ex officio investigations did not apply to the case in question.
The minister also cited the MPF’s opinion on the case, which considered that there were not enough information to support the opening of a criminal investigation.
Ministers Edson Fachin, Dias Toffoli, André Mendonça and Gilmar Mendes followed Nunes Marques’ vote.
