STJ suspends processing of the complaint against Flávio Bolsonaro and Queiroz

A decision by the minister of the STJ (Superior Court of Justice) João Otávio de Noronha, rapporteur of the case of senator Flávio Bolsonaro (Patriota-RJ), suspended the processing of the complaint against the president’s eldest son and Fabrício Queiroz, appointed as the operator of the scheme of the cracks. The complaint is being processed by the Special Body of the TJ-RJ (Tribunal de Justiça of Rio de Janeiro) and the request was made by Queiroz’s defense, which is led by lawyer Paulo Emílio Catta Preta. The defenders’ complaint was granted by the minister on Tuesday (24) and the decision was also extended to the other 15 defendants.

The suspension is related to the decision of the 5th Panel of the STJ, taken in February this year. On the occasion, the 5th Panel of the STJ annulled the first instance decision that authorized the breach of banking and tax secrecy of senator Flávio and of more than 100 other people and companies investigated.

The majority of ministers considered, months ago, that the decision of judge Flávio Itabaiana, of the 27th Criminal Court of the Court of Justice of Rio, lacked reasoning. reference to the data presented in the request of the MP-RJ (Ministério Público do Rio). With that, the ministers decided that the evidence arising from the breach of confidentiality should also be annulled.

Queiroz’s defense filed the complaint with the STJ after the case was processed again. In June of this year, the reporter of the complaint at the Special Body of the TJ-RJ, Judge Maria Augusta Vaz Monteiro de Figueiredo, continued the progress of the complaint and asked the defenses to speak out on the accusations, excluding the data on breaches of confidentiality.

Even so, Queiroz’s defense asked to suspend the processing of that complaint, which was granted by Minister Noronha. Queiroz’s defense argued to the STJ, in recent days, that the complaint presented used breach of confidentiality data and, therefore, cannot be used.

In October 2020, the MP-RJ denounced the senator, Queiroz and another group of advisors for a diversion of at least R$ 6 million from the public coffers. Of this amount, more than R$ 2 million passed through Queiroz’s bank account, and came from transfers made by other former advisors to the president’s eldest son. Information obtained from breaches of confidentiality that had been authorized by the Justice of Rio de Janeiro.

The MP-RJ points out that these amounts were later transferred to senator Flávio and washed in property purchases. A former advisor to Flávio named Luisa Souza Paes even admitted that she was returning the amounts to Queiroz.

After analyzing the breaks and other evidence, Queiroz was arrested at the home of lawyer Frederick Wassef, in June last year, in the city of Atibaia (SP). Wassef advocates for President Jair Bolsonaro and was the head of the Flávio case at the time.

Afterwards, the former advisor and his wife, Márcia Aguiar, spent eight months under house arrest. Queiroz was imprisoned for a month in Bangu. His wife, on the other hand, spent a month on the run, until the defense obtained a habeas corpus. Queiroz was released in March of this year also by a decision of the 5th Panel of the STJ.

President’s praise to Noronha

Minister João Otávio de Noronha became the rapporteur of the case after the trial in February. Until then, the rapporteur was the minister Félix Fischer, who ended up defeated after the decision to annul the breach of confidentiality. The vote that opened the divergence was that of Minister Noronha. Fischer was the only one to vote against the bankruptcy.

Noronha was also the one who granted Fabrício Queiroz house arrest last year in a decision on duty during the recess of the Judiciary. The minister has already been publicly praised by President Jair Bolsonaro, who even said that his relationship with the then president of the STJ was like “love at first sight”. During André Mendonça’s inauguration at the Ministry of Justice, the president even said that his conversations with Noronha helped to form his opinion about the Judiciary.

Minister Noronha was also the one who overturned the decision of the Federal Regional Court of the 3rd Region (TRF-3) which determined that President Jair Bolsonaro present the tests for detection of Covid-19, which was refused by Bolsonaro. The case reached the Supreme Court and the president showed the negative exams before the decision.