The Court of Justice of Rio de Janeiro ordered the breaking of the fiscal and banking secrecy of Councilor Carlos Bolsonaro (Republicans), son of President Jair Bolsonaro. Information is from the portal UOL.
According to the Public Ministry of Rio de Janeiro, the politician is being investigated for a “split” scheme and for employing phantom employees in his office. The MP-RJ suspects that he may have committed the crime of embezzlement.
The magazine Era revealed, in 2019, that Carlos employed seven relatives of his former stepmother Ana Cristina Valle, the president’s second wife, in his office at the City Council. Two people who were appointed to positions by the councilor told the publication they never worked for him.
Based on the report, the MP-RJ opened two procedures to investigate the case. The investigations were initiated by the then Attorney General of Rio de Janeiro, Eduardo Gussem. His successor, Luciano Mattos, extinguished the Specialized Action and Combating Corruption Group, responsible for investigating “cracking” schemes in the offices of Carlos and his older brother, senator Flávio Bolsonaro (Patriota-RJ).
In April 2021, the Supreme Court declared the jurisdiction unconstitutional due to the prerogative of function for councilors of Rio de Janeiro. The court held that state constitutions cannot extend the jurisdiction by prerogative of function to authorities other than those listed in the Federal Constitution, which does not mention the positions listed in the Rio de Janeiro charter – in addition to councilors, members of the State Attorneys General, the Legislative Assembly and the Public Defender’s Office, Police Delegates and Deputy Mayors.
With that, Carlos’ investigations were sent to the 1st Criminal Investigation Prosecutor. The MP-RJ also investigates the practice of administrative misconduct.
Justice Gilmar Mendes, from the Federal Supreme Court, responded to a request from the defense of senator Flávio Bolsonaro and on Tuesday (31/8) suspended the judgment by the 2nd Panel of the Court on the case in which it is being discussed whether the congressman has the right the privileged forum in the case of “rachadinhas” in the Legislative Assembly of Rio de Janeiro (Alerj).
At the time, President Jair Bolsonaro’s son was a state deputy and was accused of diverting part of his cabinet employees’ salaries to private accounts.
Last week, the president of the 2nd Panel, Minister Nunes Marques, had scheduled the trial of the case for this Tuesday. An appeal from the Public Ministry of Rio de Janeiro would be analyzed to overturn the decision of the 3rd Criminal Chamber of the State Court of Justice (TJ-RJ), which granted the senator a special forum, in June 2020, and transferred the process to the second instance .
On January 23, the rapporteur, Gilmar Mendes, determined that the Special Body of the Court of Justice of Rio de Janeiro should not judge whether Senator Flávio Bolsonaro has jurisdiction or not as a prerogative of function.