The First Panel of the (Federal Supreme Court) formed a majority this Tuesday (17) to convict three PL deputies for passive corruption by parliamentarians. On the other hand, the ministers ruled out the accusation of a criminal organization.
So far, the board has voted to condemn deputies Josimar Maranhãozinho (PL-MA) and Pastor Gil (PL-MA) and substitute Bosco Costa (PL-SE). The rapporteur of the case, , and the ministers and . There is still no vote for .
Thalles Andrade Costa, João Batista Magalhães, Adones Gomes Martins, Abraão Nunes Martins Neto and Antônio José Silva Rocha are also defendants.
In the vote, Zanin stated that there is, in the records, robust evidence about how the group had requested a 25% bribe on parliamentary amendments destined for the municipality of São José de Ribamar, in Maranhão.
The rapporteur also stated that, although the defense argued that there was no political proximity between the defendants, the interest of the conduct was different.
“In fact, what was probably not being sought here was a political convergence, but rather, as was demonstrated, the receipt of undue advantages in return for the allocation of federal values. And in the same way, the fact that one of the parliamentarians was from another state also does not rule out the PGR’s allegation here, because in fact he was not carrying out a political action, but rather a criminal action that sought to receive undue advantages”, he said.
Regarding the attribution of the crime of criminal organization, Zanin understood that there was not sufficient evidence of the practice. He was accompanied by his colleagues.
Moraes, when accompanying, stated that there was no doubt about the participation of the associated defendants in the practice of the crime of passive corruption. “The records also prove that the deputies themselves took the lead in the request,” he said.
The minister highlighted Josimar’s role in the group.
“There are countless dialogues that [mostram que] Federal deputy Josimar was not only one of the authors of the requests for values, but also coordinated requests of this nature with Pastor Gil and Bosco. And I quote the dialogues here. The situation narrated also corresponds to notes found by the PF in the bribery accounts”, he stated.
According to Cármen Lúcia, in some processes regarding amendment deviations it is important to understand the model for indicating amendments, which does not occur in this case. This is because it was the use of the resource that demonstrated illegality.
“For the configuration of materiality, in my understanding, there is no point in identifying the model for indicating these amendments. Here we have the indication in a lawful manner, but with an absolutely criminal purpose, which is to promote this scam”, he said.
The minister also commented on the group’s way of acting, defining conduct and including the use of violence.
“A group of people who come together, although not in an organized way to set up a criminal organization, but who act in an impressive criminal composition. They know where to go, who to ask,” he stated.
The analysis of the case began last Tuesday (10), when arguments from the (Attorney General’s Office) and the defendants’ defense were heard.
According to the complaint offered by the PGR, the scheme involved an attempt to extort the City of São José de Ribamar so that 25% of the amount sent to the municipality, the third most populous in Maranhão, was returned to parliamentarians.
“The documents seized in the investigation corroborate the accusation that the defendants formed an organization dedicated to the allocation of parliamentary amendments in exchange for bribes,” said deputy attorney general Paulo Jacobina, who represents the PGR in the trial.
According to him, Maranhãozinho had a leadership position in the scheme, which operated between 2019 and 2021. The organization also had the participation of advisors and intermediaries, who played the role of “collectors” with municipal managers.
The complaints against the three were the first filed against parliamentarians as PGR. The Prosecutor’s Office also requested the loss of the public mandate and the establishment of compensation for collective moral damages.
The researchers account for more than R$ 1.6 million in bribes — R$ 1.03 million (referring to the 25% portion of R$ 4.12 million in amendments from Bosco Costa), R$ 375 thousand (25% of R$ 1.5 million in amendments from Maranhãozinho) and R$ 262 thousand (25% of R$ 1.05 million in amendments from Pastor Gil).
The scheme, according to the police investigation, involved extortion from . Loan shark Josival Cavalcanti da Silva, known as Pacovan, was in charge of the approaches, according to the accusation.
The diversion of resources would occur, according to the investigation, through contracts with shell companies. The investigation indicates that the amounts were passed on to deputies. Pacovan and his group received a commission, the investigation points out.
Lawyer Felipe Fernandes de Carvalho, who represents Maranhãozinho, said that the accusation is based on mere deductions and that there is no evidence that the deputy requested undue advantages. “The current evidentiary situation is less clear than that existing at the time of the complaint,” he said.
Gil’s defense, carried out by lawyer Maurício de Oliveira, asked for the parliamentarian’s acquittal, stating that there had been a break in the chain of custody and “unequivocal manipulation” of evidence. According to him, throughout the investigation of the criminal action, the PGR “did little or nothing” to obtain evidence to support the complaint.
In the same vein, Costa’s lawyer, Leandro Raca, argued that the PGR did not meet its burden of proving the criminal hypothesis. “There is no act of solicitation [de propina] practiced by the deputy, nor evidence that indicates his knowledge regarding requests attributed to third parties.”
