The minister of the (Federal Supreme Court) declared the court’s jurisdiction to judge former federal deputy Eduardo da Cunha in a corruption case while he was a parliamentarian.
By decision this Friday (20), the minister stated that there was a direct relationship between the facts discovered and the exercise of the mandate, justifying the forum prerogative.
The decision maintained all procedural acts issued by the 10th Federal Court of the Federal District, including the receipt of the complaint. In this way, Eduardo Cunha will remain a defendant and will be responsible for committing corruption.
The criminal action deals with the actions of a group of parliamentarians who, at the behest of Cunha, worked on drafting requests within the Chamber to force businesspeople from Construtora Schahin to pay undue benefits.
“Leaving the position does not overshadow the reasons that promoted the granting of original jurisdiction to the Courts. What happens is precisely the opposite. It is at this moment that opponents of the former holder of the political position are better able to exert influence to his disadvantage, and the forum prerogative becomes more necessary to avoid persecution and slander”, said the rapporteur.
Gilmar Mendes said that the forum prerogative seeks to guarantee the stability of democratic institutions and preserve the functioning of the State, in addition to avoiding reprisals against public agents due to their actions.
“If the purpose of the prerogative is to guarantee the necessary tranquility so that the agent can act with pride and fearlessness, and make decisions that are sometimes unpopular, it is not appropriate that, upon leaving office, criminal actions against him begin to be processed in the singular body of local justice, and no longer in the collegiate which, according to the legislator, is better able to resist undue pressure”, said the minister.
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