In a new decision, this Friday, judge Andrea Calado da Cruz, from the 12th Criminal Court of Recife, stated that prosecutors have been inert for not having filed a formal complaint against those being investigated.
The disagreements between the judge and the prosecutors of the investigation into alleged laundering of money from illegal gambling through houses in Pernambuco gained a new chapter this Friday (13), after the Attorney General’s Office ( PGJ) chose to archive the part of the investigation that affected the singer and the woman from Paraíba.
In a new decision, this Friday, judge Andrea Calado da Cruz, from the 12th Criminal Court of Recife, stated that the prosecutors have been inert for not having filed a formal complaint against those being investigated and ordered the PGJ to examine the case and “take necessary measures in view of the observed procedural inertia”.
The decision was taken earlier this afternoon, in the process that targets businessman Darwin Henrique da Silva Filho and his betting house, Esportes da Sorte from Pernambuco. The judge demands action against what she considers “implicit archiving” caused by the “silence” and “inertia” of prosecutors. Due to the size and complexity of the case, prosecutors from the Special Action Group to Combat Organized Crime (Gaeco), from the Public Ministry of Pernambuco (MP-PE), are working on it.
“This court determined, on several occasions, precisely four times, in an investigation that has been going on for more than a year and which after its launch already lasts another three months, that the appropriate measures be taken to continue the investigation, and consequently to criminal prosecution, especially with regard to the formalization of procedural acts necessary for the continuation of the action”, wrote the judge.
“However, Gaeco, in turn, remained inactive and silent, not complying with the orders that were imposed, as it did not file a complaint, did not request archiving and did not require due diligence”, he added. However, upon ordering the investigation against Gusttavo Lima and for not having detected “minimum evidentiary basis for initiating criminal action”, the PGJ has already expressed its opinion on the part referring to.
In this case of Bet Pernambuco, the Attorney’s Office highlighted “the need to definitively record all the required steps, with the report resulting from breaches of banking and tax secrecy essential to the formation of the criminal opinion. [formação de opinião para oferecer denúncia]”.
On Monday, Gaeco prosecutors also stated that they are awaiting tax and banking reports that must be sent by the Civil Police, responsible for the investigation. Only after analyzing this material can a criminal complaint for crimes such as money laundering and criminal association be offered or not.
Last week, prosecutors had also taken action against the judge in the case. They presented to the Court of Justice of Pernambuco a request for partial correction against her decision and for the opening of disciplinary proceedings. This device is used in cases of “abuses” or “errors”. The request, however, was denied.
*With information from Estadão Conteúdo
Published by Carol Santos
