Fachin: Maluf has extinct sentences with Bolsonaro’s pardon – 05/16/2023 – Politics

Minister Edson Fachin, of the STF (Federal Supreme Court), declared extinct the custodial sentences for former São Paulo mayor Paulo Maluf, aged 91, in a decision this Tuesday (16).

The minister assessed that the former parliamentarian met the requirements set out in the Christmas pardon decree edited by former president Jair Bolsonaro (PL) in 2022.

Fachin considered that Maluf is over 70 years old and has served more than a third of his sentence. The pardon covers only custodial sentences, with the other effects of the conviction being maintained in two criminal actions.

According to the STF, the penalties add up to 10 years, 6 months and 10 days. Maluf is 91 years old and would have completed more than half of that total. The minister also pointed out that the PGR (Attorney General’s Office) and the Penitentiary Council of São Paulo presented opinions favorable to granting the benefit.

In one of the lawsuits, the former mayor was sentenced to 7 years, 9 months and 10 days in prison for the crime of money laundering. In addition to the loss of parliamentary mandate and the ban on holding public office for twice the time of the deprivation of liberty applied.

In the other action, he was sentenced to 2 years and 9 months in prison, for ideological falsehood for electoral purposes.

Still according to the Supreme Court, this was the third time that Maluf’s defense asked for the extinction of his sentence based on a Christmas pardon decree. In the previous ones, in 2019 and 2021, the rapporteur denied the request because the formal requirements had not been met.

Also a former governor of São Paulo, Maluf has not held public office since 2018, when his term as a federal deputy for the PP ended.

The first Supreme Court conviction took place in May 2017 for money laundering. The First Panel of the court understood that, while he was mayor of São Paulo (from 1993 to 1996), the politician concealed and concealed money diverted from the construction of Avenida Água Espraiada (currently Avenida Roberto Marinho).

The ministers also concluded that the politician continued to practice the crime in the following years, after leaving the prefecture.

A year later, in 2018, the First Panel again condemned Maluf, but for ideological falsehood for electoral purposes in the 2010 campaign.

The collegiate stated that the politician participated in the omission of the declaration of R$ 168.5 thousand in the accounts to the TRE (Regional Electoral Court) that year.