The Second Panel of the Federal Supreme Court (STF) must judge next Tuesday (31/8) whether Senator Flávio Bolsonaro (Patriota-RJ) has the right to privileged jurisdiction in the case of the alleged scheme of “rachadinhas”. The congressman is accused of receiving part of the salary of his cabinet advisors when he held an elective position in the Legislative Assembly of Rio de Janeiro (Alerj).
In the lawsuit filed with the Supreme Court, the Federal Public Ministry asks that the case be judged in the first instance of the Court of Justice of Rio de Janeiro. The defense of the congressman obtained a court decision that sends the case to the Special Body of the TJ in Rio. The rapporteur of the case in the STF is Minister Gilmar Mendes.
The prosecutors argue that Flávio has no right to court, as he was a state deputy at the time of the facts. The Supreme Court decided that the forum by prerogative of function applies only to situations related to the position. However, the alleged corruption scheme that the congressman would have been involved in is not related to his mandate as a senator.
In order to remove the case from Judge Flávio Itabaiana, of the 27th Criminal Court of Rio, Flávio’s lawyers maintain that he only changed legislative houses, and that the terms of office were sequential.