Criminal action investigating alleged cracking scheme by Flávio Bolsonaro will only be able to move forward if MP files a new complaint | Rio de Janeiro

The criminal action that investigates the alleged cracking scheme in Flávio Bolsonaro’s office will only be able to progress if the Public Ministry presents a new complaint – the third. The decision was taken by Minister João Otávio de Noronha, of the Superior Court of Justice (STJ), last Monday (22).

The son of President Jair Bolsonaro (non-party) is appointed by the Public Ministry of Rio de Janeiro as head of a criminal organization who served in his cabinet during the period in which he was a member of the State Legislative Assembly (Alerj). According to the complaint, the scheme consisted of a nucleus that appropriated part of the employees’ salaries.

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Flavio Bolsonaro denies all charges, says he is a victim of persecution and criticizes the leaking of information in the process, which runs in secret from the courts.

  • ‘Rachadinhas’: understand the MP’s suspicions about Flávio Bolsonaro
  • Flávio Bolsonaro: see the impacts of the STJ decision on the ‘cracks’ process

The action had been stopped since August. In addition to depending on a new complaint from the MP, it may not use any of the evidence considered illegal by the Superior Court of Justice, such as bank statements, analysis of the financial flow or any other information obtained from the breach of bank or tax secrecy of the accused.

Noronha’s decision responded to a request from the defense of Fabrício Queiroz, a former advisor to Flávio Bolsonaro appointed as the operator of the scheme to deviate from the salaries of other employees of the current senator of the Republic.

Minister João Otávio de Noronha — Photo: Reproduction

The same minister released Queiroz last year and also his wife, Márcia de Aguiar, who was at large.

Three months ago, Noronha also ordered the Rio Court of Justice to suspend the analysis of yet another complaint about the crack – made by the Public Ministry.

Since last Monday, Noronha has become a even more important character in the process. He became the rapporteur of all cases of crack in the STJ. This means that any appeal against the process in the Superior Court of Justice will have the first vote conducted by the minister.

JN obtained the decision, signed by Minister Jesuíno Rissato. He is the replacement for the former rapporteur, Félix Fischer, who left the STJ for health reasons.

In the decision, Minister Jesuíno determines that the split’s appeals be forwarded to Minister João Otávio de Noronha for prevention in the next trials.

STJ protagonist in decisions on the case

The STJ has been carrying out the most important judgments on the crack while the case is at the Supreme Court, since June of last year. That month, the Public Ministry asked the STF to determine where Flávio Bolsonaro should be tried.

In the first instance, as he held the position of state deputy at the time; or secondly, for having been elected senator.

The claim will be judged by the Second Panel of the Federal Supreme Court (STF) and its rapporteur is Minister Gilmar Mendes.

The action was on the agenda twice, but was withdrawn at the request of the senator’s defense.

Now, who can insert the complaint in the judgment calendar is the president of the Panel, Minister Nunes Marques.

He was nominated to the STF by President Jair Bolsonaro.

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