The minister, of the (Supreme Federal Court), rejected on Wednesday (26) two appeals of the MPRJ (Rio de Janeiro Public Prosecution Service) to reopen the against the senator (PL-RJ).
The case is under the secret of justice.
The rapporteur stated that in one of the requests there was no rule of the Federal Constitution involved and, therefore, there would be no analysis of the Court. In the second feature, Gilmar says, on the one hand, that the MP lost deadlines before to appeal and, on the other, that the accusation was trying to rediscuss a question already overcome, about the special forum.
According to the minister, the understanding signed by the majority of the Supreme Court is that the forum by prerogative of function remains even with the end of the mandate of the public agent.
Thus, the decision of the TJRJ (Court of Justice of the State of Rio de Janeiro) would be aligned with the understanding of the Supreme on the subject.
The Rachadinhas scheme would have occurred at (Alerj Legislative Assembly of Rio de Janeiro) between 2007 and 2018, when Flávio was a state deputy. The defense questioned the jurisdiction of Judge Flávio Itabaiana de Oliveira, of the 27th Criminal Court of Rio.
The TJRJ accepted the request in June 2020 and thus the measures determined by the first instance magistrate and the evidence of the case became annulled. In November 2021, the Supreme kept the forum to the senator.
Gilmar said, besides the technical issues, the prosecutor would not have “demonstrated procedural interest in the appeal.” This is because the decisions of the Supreme Court and the Supreme Court (STJ) that canceled evidence gathered in the case would not prevent a new complaint or eventual establishment of a new investigation based on elements of evidence other than the declared illicit.
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