Retired judge Carlos Rodrigues Feitosa was arrested on Wednesday (9) in, and will serve a penalty for passive for the sale of injunctions in the shifts of the Court of Justice.
Lawyer Waldir Xavier, who represents the magistrate, says he awaits the transfer to a prison unit. It also states that the convict is cancer patient and will try to prove that the condition prevents him from serving the sentence in closed regime.
The arrest was determined in a decision of the (Superior Court of Justice), which also ordered the loss of office. The penalty is 13 years, 8 months and 2 days in prison in closed regime.
Carlos Feitosa was arrested at his home, where he had served house arrest since 2021. In another case, relative to “crack”, he was sentenced by the STJ for 3 years, 10 months and 20 days in semi -open regime, which progressed to home due to health problems.
Even with two convictions, Carlos Feitosa still receives a retirement of about $ 45,000 per month. The benefit is the subject of action by the state government, but can also be revoked in a decision of the 12th Public Finance Court.
Regarding the attempt to cancel Carlos Feitosa’s retirement, the defense states that “this will depend on any action to be proposed for this purpose.” “However, this retirement stems from payments made over decades of contribution deducted from its remuneration.”
Carlos Rodrigues was sanctioned his compulsory retirement twice, in 2018 and 2021. The first, referring to the case of the sale of injunctions; The second, determined by the, it was for the crime of cracks.
In 2022, the judge, already arrested, came to file a lawsuit against the state government to charge the payment of 12 vacation not taken, in the amount of R $ 257 thousand. The action is being processed at the 14th Public Finance Court of Fortaleza.
According to the lawyer, the judge should be at least 2 years and 3 months in closed regime, until progression is allowed.
Understand the case
According to the decision that condemned him, the sales of injunctions occurred between 2012 and 2013, with the participation of the judge and his son, lawyer Fernando Carlos Oliveira Feitosa. The scheme was the target of Operation Express 150, da.
According to the investigation, the decisions were sold for $ 150,000. Fernando was sentenced to 19 years and 4 months imprisonment for passive corruption and was arrested last November.
In the decision that condemned Carlos Feitosa, in 2019, STJ Rapporteur Minister Herman Benjamin argued that the retired judge “made the judicial duty of the authentic TJCE House of Commerce”, establishing a “true auction of decisions.”
In the conviction for “crack”, issued on the same day, the minister states that the convict required monthly transfers of R $ 500, between 2011 and 2015, of two commissioned servants appointed to his office.
“Our client has, through his defense, filed the appropriate appeals and adopted the legal measures against the decision of Colendo STJ, because he understands it that can be reviewed and, although not opposed to its compliance, will continue to challenge it by its own ways,” says Xavier.
Report of Sheet It showed that and criminal actions related to the sale of court decisions.
