The minister, of the (Federal Supreme Court), ordered this Friday (27) the archiving of the request made by the Espírito Santo, Renato Casagrande ().
Moraes stated that the dialogues between Casagrande and federal judge Macário Júdice, the basis of the PF’s request, “do not have the slightest legal-criminal relevance, authorizing the opening of an investigation against the appointed governor”.
“The indication, by the Federal Police, of the possible commission of an administrative law crime, provided for in article 321 of the Penal Code, does not find empirical support, as it is not demonstrated in the records, based on the dialogues identified, that the aforementioned governor has, with conscience and will (elements characterizing the intent of the conduct), acted to defend the interests of others”, stated the magistrate.
In a statement, the governor said he welcomed Moraes’ decision naturally and that “justice prevailed”. “The court decision confirms what the governor had previously reiterated: the dialogues held with Macário Ramos Júdice Neto were strictly institutional and republican.”
The PF had considered that the conversations showed signs of a “potentially criminal exchange of favors”.
The dialogues were found on Macário’s cell phone when he was suspected of leaking investigation information against a former deputy to the removed president of Alerj (Legislative Assembly of Rio de Janeiro), Rodrigo Bacellar (União Brasil).
In July 2024, Casagrande sent Macário, who worked as a judge of second instance at the TRF-2 (Federal Regional Court of the 2nd Region), a summary of an administrative improbity action against the mayor of Montanha (ES), André dos Santos Sampaio (PSB). The governor then asks whether the case’s rapporteur would accept a call or should he seek him out in person to ask for a speedy trial.
Macário responded by making himself available to talk to his colleague and asked for the case briefs to be sent, a type of summary made by the parties to the case to be presented at a hearing with magistrates. Days later, the judge says that the case’s rapporteur awaited contact.
In August, Macário got in touch again to say that “that matter had been resolved”. According to the PF, the rapporteur granted the request of the mayor, an ally of the governor.
The other exchange of messages refers to a request from Macário to speed up the release of a criminal police officer to his office. The PF states that a subsequent dialogue suggests that Casagrande conditioned compliance with another demand from the governor.
For the PF, the exchanges of messages “indicate an environment of reciprocity and the possible exchange of potentially criminal favors.” Moraes assessed it differently.
“There is no minimum evidence of the occurrence of a criminal offense, and there is, therefore, no real evidence of a typical act committed by the defendant or any indication of the means he would have used in relation to the conduct under investigation or even, the harm he caused, the reasons that determined it, the place where he carried it out, the time or any other relevant information that justifies the opening of an inquiry or any investigation against the appointed governor”, wrote the minister.
Suspicions about judge’s ‘network of influence’ go to the STJ
In the same decision, Moraes ordered the sending of the PF representation to the STJ (Superior Court of Justice) requesting an investigation into Macário’s possible role in the Espírito Santo government.
The suspicion appears in a report on conversations held by the magistrate and businessman Adilson Ferreira, indicted by the Civil Police of Espírito Santo on suspicion of acting as the “financial arm” of the Primeiro Comando de Vitória faction.
The dialogues were found on Adilson’s cell phone, seized in May 2025 in Operation Baest, launched by the Espírito Santo police, and show, according to the PF, the magistrate’s actions in favor of a company interested in bidding for the Department of Education.
They were shared with the PF with authorization from Moraes da Justiça do Espírito Santo.
According to the police, text and audio indicate that the federal judge followed the steps of an appeal made by a company within the PGE (State Attorney General’s Office), in addition to providing guidance on legal strategies to be adopted and stating that he was in contact with civil servants involved in the case.
When contacted, Casagrande’s press office stated that the answers would be given by the Department of Education and the PGE, bodies mentioned in the dialogues.
The secretariat stated that the entire bidding process “goes through rigorous internal control mechanisms and remains at the disposal of the competent authorities to provide clarifications”.
The Prosecutor’s Office stated that it rejected the administrative appeals of the company for which, according to the PF, the judge was acting in favor.
Lawyer Douglas Luz, who represents Adilson, said that the dialogues “do not have any illegality”. Contacted by message and telephone call, lawyer Fernando Fernandes, who represents Macário, did not respond to requests for a position on the topic.
