Bolsonaro’s defense will contest Cid’s plea with the PF without approval from the Public Ministry – 09/11/2023 – Power

Allies of President Jair Bolsonaro (PL) intend to challenge the fact that the award-winning denunciation of Lieutenant Colonel Mauro Cid, former assistant to the former president, was signed without the endorsement of the MPF (Federal Public Ministry).

The award-winning collaboration agreement between the military and the Federal Police was approved by Minister Alexandre de Moraes, of the STF (Federal Supreme Court), on Saturday (9).

On the same day, the Attorney General of the Republic, Augusto Aras, stated on social media that the PGR does not accept allegations made by the PF.

He also said that the institution adopted the same understanding for the accusations made by former minister Antonio Palocci and former governor of Rio de Janeiro Sérgio Cabral.

The Minister of Justice, Flávio Dino, responded hours later via social media, congratulating the Federal Police on signing the agreement.

“The Federal Police acted with seriousness, professionalism and full compliance with the Constitution, the laws and the jurisprudence of the STF”, said Dino, on social networks.

Although the Supreme Court decided in 2018 that the PF can enter into plea bargains without the approval of the MPF, the matter is controversial, in the view of lawyers around Bolsonaro.

The argument used by them is that it is up to the Public Prosecutor’s Office to control the criminal action, since it is the institution that denounces the person under investigation or not. Therefore, according to a person close to the former president, the only person who can dictate the scope of the collaboration agreement is the one who accuses and, in this case, it would not be the PF.

This should be one of the challenges presented by Bolsonaro’s defense after they become aware of what Cid presented to the PF.

In 2018, the Supreme Court judged a lawsuit filed by the PGR that asked for the declaration of unconstitutionality of provisions of the law that deals with delations, sanctioned in 2013. On the occasion, by 10 votes to 1, the court rejected the request of the PGR and understood that delegates from police may enter into collaboration agreements during the police investigation.

At the time, however, two ministers, Luiz Fux and Rosa Weber, understood that the PF could only carry out the agreement if the MPF agreed. Minister Edson Fachin voted so that the police could not enter into plea bargains.

Years later, in 2021, the Supreme Court analyzed the validity of the plea bargain of former governor of Rio de Janeiro Sérgio Cabral, and by 7 votes to four, decided to revoke the approval of his collaboration with the PF. The ministers agreed with the Attorney General’s Office, which pointed out the lack of approval from the Public Ministry.

The predominant understanding at the time, reaffirmed by Moraes, was that the decision was valid for that specific case, due to peculiarities of the agreement with Cabral.

As shown by Sheetan article published this year in an academic journal by Luísa Walter da Rosa, lawyer and master in law from UFPR (Federal University of Paraná), indicates another discrepancy in the case.

In 2018, she points out, only two ministers pointed out the need for the Public Ministry to agree with the agreement signed by the PF. In 2021, in the case of Cabral, seven voted in this direction, although part of them understood that such a need was only valid for the specific case of the former governor.

The decision to homologate Moraes’ denunciation was issued within the scope of the digital militias inquiry, which is the main investigation in the STF against the former head of the Executive and targets, among other points, attacks on institutions, the attempted coup and the case of jewelry. It is processed in secrecy.

Those around Bolsonaro fear that Cid’s accusation will serve to further incriminate the former president, but also target former first lady Michelle Bolsonaro.