- Gilmar Santos
- Arilton Moura
- Helder Diego da Silva Bartolomeu
- Luciano de Freitas Mousse
The decision meets a habeas corpus presented by the defense of the former minister. Earlier, the judge on duty Morais da Rocha had rejected the same request, alleging that the defense had not presented the documents that showed illegal constraint in prison (see further below).
In the new decision, judge Ney Bello says that the determination must be forwarded, urgently, to the 15th Federal Court of Brasília, which decreed the arrests, “for immediate compliance and issuance of release permits”. The decision is valid until the habeas corpus is judged by the collegiate of the 3rd Panel of the TRF-1.
With determination, the custody hearing that was scheduled for 2 pm this Thursday (23) is cancelled.. The meeting was to evaluate the arrests but, as they were canceled, the hearing missed the point.
O judge argued that Milton Ribeiro is no longer part of the government and that the facts investigated are not current, therefore, for him, the arrest is not justified.
“Finally, I verify that, in addition to the fact that the patient is no longer part of the Federal Public Administration, there is a lack of contemporaneity between the investigated facts – ‘release of official funds from the National Fund for the Development of Education and the Ministry of Education directed to the care of private interests’ – allegedly committed at the beginning of this year, which is why I believe the precautionary arrest fought against is negligible”, he says.
“In the same way, the decisions that were taken and the acts described as illegal months ago, with the patient not being able to continue practicing them, do not generate contemporaneity or the usefulness to found a decree of preventive detention. As the name itself already indicates, preventive detention serves to prevent, not to punish; it serves to protect and not to repay the harm that may have been done”, says the judge.
According to Ney Bello, “the general rule regarding deprivation of personal liberty for procedural purposes must prevail, according to which the achievement of the result occurs with the least possible damage to individual rights, especially when there is express reference to numerous other measures of a precautionary nature. , which can be decreed by the court of the case and for the benefit of investigations”.
The magistrate also said that the investigation must continue and is already advanced. “The arguments contained in the decision indicated, I verify that the search and seizure has already been carried out, the breaches of confidentiality have already been granted and there is not enough reason to maintain the arrest, without a concrete demonstration of where there would be a risk for the investigations”.
The request for habeas corpus by Milton Ribeiro’s defense was distributed to the office of judge Ney Bello. However, earlier, the magistrate on duty, judge Morais da Rocha, had rejected the action.
He denied knowledge of the request, that is, he did not even analyze the merits of the habeas corpus. The judge understood that Ribeiro’s defense had not yet had access to the case file and, therefore, did not present “the indispensable documents to demonstrate the alleged illegal constraint” in prison.
However, it granted an injunction determining that the defense had access to the records of the investigation that investigates the former minister.
In the decision, the judge stated: “Nothing prevents that, in possession of the documents necessary for the instruction of habeas corpus, a new petition is promoted, bringing to the deed with the necessary elements for its knowledge and appreciation”.
Video shows moment when former minister Milton Ribeiro is arrested by PF around 7 am
The former minister was arrested on Wednesday morning, in the building where he lives, in Santos (SP). He is investigated for passive corruption, malfeasance, administrative advocacy and influence peddling. for alleged involvement in a scheme to release funds from the MEC, favoring pastors.
The investigation against Ribeiro was opened after the newspaper “O Estado de S. Paulo” revealed, in March, the existence of a “parallel office” within the MEC controlled by the pastors.
Days later, the newspaper “Folha de S.Paulo” released an audio of a meeting in which Ribeiro said that, at Bolsonaro’s request, he transferred funds to municipalities indicated by Pastor Gilmar Silva.
“It was a special request that the President of the Republic made to me on the issue of [pastor] Gilmar”, said the minister in the audio.
“Because my priority is to first serve the municipalities that need it most and, second, to serve all those who are friends of Pastor Gilmar”, added Ribeiro.
After the audio was revealed, Ribeiro left the command of the Ministry of Education. In testimony to the PF at the end of March, the former minister confirmed that he received Pastor Gilmar at the request of President Jair Bolsonaro. However, he denied that any favoritism had taken place.
Records from the Institutional Security Office (GSI) point to dozens of accesses by the two pastors to offices in the Planalto Palace.
Bolsonaro’s statements before and after Milton Ribeiro’s arrest
Asked about the arrest of the former minister by the PF, President Jair Bolsonaro said that Ribeiro is the one who should answer for possible irregularities at the head of the MEC.
“He is responsible for his actions,” Bolsonaro said in an interview with Itatiaia radio. The president also said that “if the PF arrested him, he has a reason.”
However, at the time the denunciations were made, Bolsonaro even said, in a video (watch above), who put “his face in the fire” for Ribeiro and that the accusations against the former minister were “cowardice”.
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