According to PGR, there are no elements to maintain the investigation against the former mayor of São Paulo in the STF
The Attorney General of the Republic, Paulo Gonet, defended on Thursday (29.MAI.2025) the filing of the investigation that investigated Gilberto Kassab, president of the PSD, for alleged receipt of bribe from JBS. According to the opinion, there are no elements that justify the resumption of investigations. The case had already been terminated by the Electoral Justice, with a penalty of criminal action and res judicata. Here’s (PDF – 1 MB).
The case had returned to the Federal Supreme Court (STF) after the Court changed, on March 11, the understanding and deciding (the so -called privileged forum) of authorities. Days later, Minister Alexandre de Moraes, rapporteur of the case, of the Supreme, who allows him to maintain criminal actions against politicians even after leaving office.
For Gonet, the decision of the Electoral Justice that determined the filing of the action remains valid.
“The decisions issued by the Regional Electoral Court of São Paulo and the Superior Electoral Court […] They remain valid and coated with the constitutional guarantee of the res judicata, which prevents the reopening of the present investigation based on elements already submitted to the definitive judicial assessment ”wrote in the opinion.
Understand
The inquiry was investigating a complaint from the (Federal Public Prosecution Service) that Kassab would have received a bribe from JBS twice: R $ 350,000 using false invoices and R $ 28 million in exchange for PT’s PT political support in the 2014 elections. The indications were crimes that included the practice of receipt of improper advantages and cashier 2. Businessman Wesley Batista and former J&F director Ricardo Saud, in Operation Lava Jato.
When referring the case to the Electoral Court of São Paulo, in 2019, Moraes justified that it would be “Competence of the Electoral Justice to assess the matter and judge the electoral and common crimes” Kassab involved, since he was no longer Minister of Science and Technology, a position he held during the administration of President Michel Temer (MDB).
With the conclusion, investigations started at the Court that are related to the mandate or function of the politician will continue under the analysis of the court, even after the end of his mandates. Therefore, Moraes determined, on March 19, the return of Kassab’s case to the Supreme Court. Read A (PDF – 192 KB).
The case was filed by the Electoral Court in 2023. At the time, it was concluded that there was a lack of just cause to impute crimes of criminal association and money laundering against the PSD chief and 2 others, Flávio Castelli Chuery-EX-Treasury of the Party-and Renato Kassab-Brother of the acronym president-,, “For the atypicality of the conduct”, That is, because the practice does not fit a crime described by the law. Here (PDF – 173 kb).
