The Federal Court revoked the arrests of businessman José Marcos Moura, known as the “garbage king”, and the councilor elected in Campo Formoso (BA), Francisco Manoel do Nascimento Neto, known as Francisquinho Nascimento (União-BA), in Operation Overclean. They are suspected of involvement in a scheme to divert resources from parliamentary amendments.
The decision was made by judge Daniela Maranhão, from the Federal Regional Court of the 1st Region (TRF1), in Brasília. She considered that there are other precautionary measures – such as the prohibition of contact between those being investigated and the delivery of passports – sufficient to guarantee the progress of the investigation, without the risk of obstruction, and to prevent the continuation of the alleged crimes being investigated.
“As already noted, we are not ruling out the evidence of criminal authorship and materiality documented in the investigation, which will be determined in a timely manner; but that, at this moment, there is no need to maintain precautionary custody”, says an excerpt from the decision.
The judge uses other guarantee arguments. She states, for example, that the main evidence of the investigation would have already been obtained by the Federal Police, “in order to considerably reduce the risk of possible loss”.
“Precautions are always governed by the principle of instrumentality, as it violates the state of freedom of a person who has not yet been tried and who has the constitutional presumption of innocence in their favor”, continues the judge.
In Operation Overclean, the Federal Police investigate signs of deviations in contracts signed by city halls in Bahia, Tocantins, Amapá, Rio de Janeiro and Goiás. Investigators analyze the seized material to verify whether politicians and public agents, including federal parliamentarians, are involved in fraud .
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Cousin of federal deputy Elmar Nascimento, leader of União Brasil in the Chamber of Deputies, councilor Francisquinho Nascimento is suspected of receiving a bribe of R$100,000 to direct contracts from the Campo Formoso city hall. He was municipal executive secretary.
Before being arrested by the PF last week, the councilor tried to get rid of the money he kept at home. He threw a bag of money out the window. In the bag, according to the PF, there was R$220,000. He declared assets worth R$213,000 to the Electoral Court.
The businessman is named as one of the leaders of the scheme. The PF claims that he has a wide network of contacts and political influence that he would use to facilitate the progress of overpriced contracts.
