The Attorney General of the Republic, Paulo Gonet, sent a favorable opinion to the opening of an investigation against former minister Silvio Almeida and the processing of the investigation at the Federal Supreme Court (STF).
The case is confidential. Gonet’s statement was sent to minister André Mendonça. The magistrate responded to the Federal Police’s request, agreed with the attorney general’s arguments, understood that there were elements to initiate the investigation, and.
Gonet defended Mendonça that the case be processed in the STF taking into account the understanding formed by the majority of ministers in the judgment that deals with expanding the scope of the forum by function prerogative.
That of a thesis that provides that ministers, deputies and senators must respond to the STF when the alleged crimes committed by them are committed in or because of their position, even if the investigation was opened after they left the role they held.
With the six votes given so far, the court forwards a change in the understanding that was reached in 2018. On that occasion, the majority of ministers decided that the forum would only apply to crimes committed in the exercise of office and due to the functions related to it. . At the time, the vote of Luís Roberto Barroso, today president of the Supreme Court, prevailed.
Now, six years later, Gilmar Mendes raised a point of order for the Court to revisit the matter. The minister is in favor of leaving the position only changing the jurisdiction in cases of crimes committed before taking office or, even, those that have no relation to its exercise.
The thesis under analysis says: “the prerogative of forum for judging crimes committed in office and due to functions continues even after removal from office, even if the investigation or criminal action is initiated after its exercise has ceased”.
When determining the opening of the investigation, Mendonça assessed that, to protect and avoid exposure of victims and witnesses, it would be necessary to keep the case in the STF to avoid an “up and down” of cases.
Silvio Almeida’s defense said he will speak out when he has access to the records.
The . He also claims that the accusations have no “materiality” and are based on “inclusions” and that the aim of the accusations is to “harm” him and “block his future”.
