Gilmar suspends investigation that affects Arthur Lira – 07/06/2023 – Politics

Minister Gilmar Mendes, of the STF (Supreme Federal Court), suspended the investigation into alleged deviations in robotic kit contracts involving allies of the mayor, Arthur Lira (PP-AL).

In this Thursday’s (6th) injunction, with immediate effect, Gilmar also paralyzed all related procedures until the STF judges whether the case should fall within the jurisdiction of the court.

Lira’s defense had spoken out against decisions handed down by the 2nd Federal Court of Alagoas. The lawyers argued that the conduct of the investigation would have violated the constitutional rule of forum prerogative.

This is because, according to the defense, already at the beginning of the Federal Police investigations there was suspicion of involvement of an authority that would have the benefit, which would be an alleged usurpation of competence of the Supreme Court, responsible for the judgments in these cases.

According to the decision, which is under court secrecy, obtained by the SheetGilmar understood that the plausibility of the allegations had been demonstrated, in part, based on numerous circumstances indicative of probable illegalities practiced.

“In the present case, a quick look at the documents that instructed the ordinance for the initiation of the police investigation is enough to conclude that, from the beginning of the investigations, the investigative hypothesis suggested by the Federal Police clearly pointed to the participation of the claimant in alleged malpractice of public funds from the FNDE”, said the minister.

Gilmar also stated that “the event is scandalous, to the extent that, although the ordinance drawn up by the Federal Police Chief is accompanied by journalistic reports that clearly insinuate the congressman’s involvement with the companies under investigation, the police inquiry did not observe the prerogative rules established in the Federal Constitution”.

Lira’s defense argued that, right at the beginning of the investigations, the police authority added to the file several Financial Intelligence Reports – RIFs referring to individuals and legal entities allegedly involved in the criminal scheme.

According to the thesis, there are indications that said documents were produced irregularly, without observing legal formalities, and that said steps amount to breach of bank secrecy without the necessary judicial authorization.

The investigation into the robotic kit was the subject, at the beginning of last month, of an appeal that questioned the competence of the first instance to conduct the case. The request was presented by Deputy Gilvan Máximo (Republicanos-DF), mentioned in the inquiry. Luís Roberto Barroso was selected by lot as rapporteur and asked the Federal Justice in Alagoas for information, in addition to consulting the PGR (Attorney General of the Republic).