The (Superior Court of Justice) received a memorial questioning the reporting process of minister Maria Isabel Gallotti in which lawyer Mirian Ribeiro Rodrigues de Mello Gonçalves, wife of lobbyist Andreson de Oliveira Gonçalves, worked.
Suspected of intermediating the sale of sentences at the STJ, Andreson had preventive detention ordered by Cristiano Zanin’s minister.
In November 2024, lawyer Maria Berenice Dias, former judge at the Court of Justice of Rio Grande do Sul, requested the Fourth Panel of the STJ to refrain from examining Special Appeal No. 1899329/GO, on recognition of socio-affective affiliation post mortem.
The process involves the inheritance of rural businessman Sebastião Ribeiro Flor, who died in 2014. Together with his brother Romão Ribeiro Flor (inventor), he created an agricultural empire from the confinement of cattle in Mato Grosso.
The assets of the two brothers (assets of the estate) are valued at around R$3 billion.
If the request is not accepted, Berenice suggests the declaration of nullity of decisions made after the hiring of Mirian Gonçalves.
The memorial sent aims to clarify the reasons that led Gallotti to invalidate his monocratic decision after Mirian joined the process.
Serving in the Fourth Panel, specialized in Private Law, are ministers Raul Araújo (president), Isabel Gallotti, João Otávio de Noronha, Antonio Carlos Ferreira and Marco Buzzi.
The appeal was filed by Dediane Gonçalves Ribeiro Flor, daughter of Sebastião. She claimed that it had not been demonstrated that her father had unequivocally expressed his desire to adopt his niece Janaína Flor de Leles during his lifetime.
Isabel Gallotti is not under investigation. The memorial states that “the suitability of the rapporteur minister is not, at any time, being questioned.”
The document suggests that she may have been misled by third parties. Sebastião created only Janaína. He lived with his sister Maria de Lourdes, and her daughter, Janaína.
When she joined the process, Mirian claimed (in an internal appeal) that the issue of the will had not been examined. He defended the return of the case to the court of origin.
After Mirian’s investigations reached Mirian, the resignation of the mandate given to the lawyer was added to the file.
Berenice is the founder of the Brazilian Institute of Family Law (IBDFAM). In the appeal, he represents Janaína’s interests as a lawyer.
She confirms the sending of the petition to the STJ, but does not comment on the matter.
Another understanding
On February 6, 2024, the Fourth Panel of the STJ judged Goiás’ appeal, which had been postponed. The session highlighted the rapporteur’s change in position.
In May 2023, Gallotti had issued a monocratic decision rejecting Dediane’s special appeal, based on Precedent 7 of the STJ (which prohibits the re-examination of evidence).
In October 2023, after hiring the lobbyist’s wife, the rapporteur reconsidered this decision. He voted for the case to be returned to the TJ of Goiás (which was not requested by Dediane) and for there to be a new analysis of the special appeal, now by the Fourth Panel.
In 2019, then President Noronha and the Federal Public Ministry had recognized the lack of support for the appeal, as Dediane’s claim violated Precedent 7.
In oral arguments, Berenice referred to Gallotti’s previous understanding. He congratulated “the illustrious minister rapporteur for her sensitivity, for her vote, for the courage she had to bring this discussion clearly”.
Gallotti had concluded that Janaína’s defense had proven that Sebastião not only treated her as a daughter, but publicly expressed the condition of father and daughter.
Homero Ribeiro, Dediane’s lawyer, said that Sebastião made five wills, without including his niece as a beneficiary.
Noronha asked to see the files.
When consulted, Minister Isabel Gallotti informed, through the STJ press office, that she cannot comment on the process under trial; Noronha did not respond.
Mirian Gonçalves’ office reported that the lawyer is on vacation.
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