Thesis defended by the majority of the STF foresees an investigation against Silvio Almeida in the Court

The investigation against former minister Silvio Almeida tends to be processed in the Federal Supreme Court (STF) if there is no reversal in the judgment that deals with expanding the scope of the forum due to 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 proposes 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. . Luís Roberto Barroso’s vote prevailed at the time.

Now, six years later, Gilmar Mendes raised a point of order for the Court to revisit the matter. The minister is in favor of the fact that leaving the position only changes 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 remains even after removal from office, even if the investigation or criminal action is initiated after its exercise has ceased”.

Barroso and four other ministers agreed with their colleague. This trial will be resumed next week by court ministers after being postponed twice this year. Ministers André Mendonça, Nunes Marques, Luiz Fux, Cármen Lúcia and Edson Fachin still need to vote.

The decision on which court will be responsible for the former minister’s case can be made based on this trial or a . The minister, who postponed the judgment on the scope of the forum in April, was chosen as rapporteur for the request for an investigation by the Federal Police into alleged sexual harassment committed by the former minister.

The dome of the. According to investigators interviewed by CNNthe alleged cases of sexual harassment would have occurred during the period in which Silvio Almeida held the position of Minister of State, allegedly using his role to commit the crimes.

An investigation into the PF was initiated through a crime report on Thursday (5), at night, as soon as the allegations against the then minister became public. He was fired the next day.

On Tuesday (10), the PF heard, based on the crime news, a complainant who accused Silvio Almeida of sexual harassment. With the preliminary report prepared, the petition was forwarded to the STF, which must decide whether to open the investigation, whether the report will be maintained in the Court or whether the case will be referred to another instance.

Delegates state that sending the case to the STF can avoid any chance of nullity in the process, ensuring that the Supreme Court defines the jurisdiction to conduct the investigation.

Silvio Almeida denies the accusations of harassment and declared that he intends to prove his innocence during the course of the investigations. His defense informed the reporter that he will have a “coordinated” and “multitasking” team of lawyers to conduct the case.