The São Paulo Court denied a request made by Marcelo de Almeida Gouveia, a tax auditor who was arrested on suspicion of participating in the manipulation of ICMS credits, to be transferred to a barracks or some other facility.
Gouveia argued that he is an unpaid reserve soldier, and judge Carla Rahal accepted the São Paulo Public Ministry’s understanding that such a category does not exist in the Military Statute. It is up to the decision.
The police found R$330,000 in cash in Gouveia’s apartment, in São José dos Campos (SP), and found the possession of cryptocurrencies valued at millions of reais, which indicates the crimes of passive and money laundering, in the opinion of the São Paulo Public Ministry, which also saw possible preparation for escape. He has been in pre-trial detention since August.
Stationed at the 14th Regional Tax Police Station (DRT), in Osasco, Gouveia is accused of having helped the auditor, identified as the leader of the scheme.
In the request, Gouveia’s lawyers argue that he was a student at ITA (Instituto Tecnológico de Aeronáutica), remained in the military career for more than five years and was included in the unpaid reserve in 2004. Therefore, they claim, he would be entitled to special imprisonment. Two requests to revoke the auditor’s preventive detention have already been denied.
In a preliminary decision, judge Carla Rahal accepted the São Paulo Public Ministry’s argument that the typology present in the Military Statute does not include unpaid reserve military personnel. In other words, according to the decision, “the person being investigated does not fit into any military situation.”
of which Gouveia was one of the targets, is investigating an alleged illegal refund of ICMS withheld due to tax substitution and has already led to the temporary arrest of (owner of Ultrafarma), and Mário Otávio Gomes (director of Fast Shop). Alleged coordinator of the scheme, Artur Gomes da Silva Neto also remains in preventive detention.
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