The São Paulo Public Ministry requested the (Supreme Federal Court) the release of shares and financial resources linked to , which total almost R$ 168 million, to compensate for losses caused to the capital’s city hall.
The petition, signed by the Attorney General of São Paulo, Paulo Sérgio de Oliveira e Costa, and addressed to the minister, rapporteur of the criminal action, arises from a legal battle between the Public Ministry of São Paulo against the Federal Public Ministry and the (Attorney General of the Union).
The Prosecutor’s Office for Public and Social Heritage of the Capital and the Attorney General’s Office of the Municipality of São Paulo signed an agreement with Maluf’s family
The compensation refers to the embezzlement of public money in works during the Maluf administrations from 1993 to 1997. Silvio Marques, the prosecutor responsible for the case, has been working since 2001 to ensure that the city hall is compensated.
In order for the city hall to be reimbursed, the Municipal Attorney General’s Office asked the STF to release the funds in Maluf’s bank account and shares in his companies. And the AGU (Attorney General of the Union), summoned by Moraes, expressed its opinion in the case on the 8th.
The AGU, in turn, reinforced its understanding that, according to a final decision judged by the STF in another case, the assets belong to the Union’s assets, and not to the city hall.
The AGU claims that the repatriation of Maluf’s money blocked in Switzerland was possible through its joint action with the MPF. And the release of the assets “would not occur for the benefit of the Municipality, but of the Maluf family itself, which will no longer pay the corresponding amount to the subnational entity”.
The state Public Ministry claims that “despite the position adopted by the Federal Public Ministry, the fact is that the assets mentioned must be destined for the victim, which is the Municipality of São Paulo”.
Lawyers for Maluf’s family, who will have to comply with the ANPC of R$ 210 million even if the seized resources remain with the Union, also spoke out in the criminal action, arguing that the administrative improbity law provides for the allocation of the amounts to the injured entity, in this case the City of São Paulo.
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