The minister of the (Supreme Federal Court), ordered the closure of the investigation investigating the suspected practice of Caixa 2 by the federal deputy (PSDB-MG) in the 2014 presidential campaign. The decision was taken this Monday (2).
For Mendes, the investigation, which takes place in Belo Horizonte, has two illegalities. The first is excessive investigation time. “The indefinite or unlimited duration of the judicial process affects not only the idea of effective judicial protection, but also the protection of human dignity”, Mendes pointed out in his decision. The investigation was opened in 2020.
The second illegality observed by the minister was that added to the Coaf (Financial Activities Control Council) report files.
The document was included in the investigation at the request of the PGR (Attorney General’s Office), which had already declined the jurisdiction of the investigation to the Belo Horizonte Electoral Court when it made the request. “This action would have violated the limits of the Prosecutor’s Office’s duties in the case”, the STF pointed out in a note.
“The PGR should have limited itself to sending the files to the competent authorities, without continuing with the investigations”, points out Mendes’ decision.
The decision was taken after a request from Aécio Neves’ defense that a decision by the 2nd Panel of the STF making evidence obtained by the Federal Public Ministry illegal through a direct request for tax and banking data from the Federal Revenue Service be extended to the deputy’s case.
Assessing the case, Mendes “considered that the request does not meet the requirements for extending the effects of the collegial decision, since this modality is only permitted for co-authors of the offense foreseen in the original decision and/or if the legal situation of both cases were similar”, explained the court.
The case in which Mendes ordered the blocking investigates whether Aécio Neves failed to declare R$2.5 million in the 2014 presidential campaign.
“The procedure began following a communication made directly to the PGR by Elon Gomes de Almeida, who reported having made hidden donations to several candidates in the 2014 electoral campaign”, points out Mendes’ decision.
LINK PRESENT: Did you like this text? Subscribers can access seven free accesses from any link per day. Just click the blue F below.
