In HC, minister Toffoli annuls conviction of former mayor Antônio Nogueira, final and unappealable – News of Brazil
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Based on the understanding of the Federal Supreme Court (STF) that it is up to the Electoral Court to also judge crimes that are related to electoral offenses, Minister Dias Toffoli annulled a criminal case that had already become final condemning Antônio Nogueira (PT), former -Mayor of Santana (AP).
Nogueira was convicted of buying votes in the 2002 elections and was serving time with an electronic anklet. The defense alleged illegal embarrassment because there was a connection between common and electoral crimes.
The former mayor had been convicted of crimes typified in articles 288 (forming a gang), 332 (influence peddling), 313-A (insertion of false data into the information system), 71 (continued crime) and 69 (material competition ) of the Penal Code.
In this case, Antônio Nogueira became known for issuing driving licenses (CNH) in exchange for votes while he headed the local Detran.
“The defendant was primarily responsible for issuing the fraudulent licenses. The conclusion is obvious: he was the direct beneficiary of the fraud, as he co-opted the vote in exchange for qualification”, sustained the accusation.
In his decision, Minister Toffoli maintained that “the accusations made by the Public Prosecutor’s Office refer to the existence of vote buying through the issuance of a national driver’s license, thus evidencing the unequivocal electoral connotation.”
“They are, therefore, electoral criminal infractions, capable of attracting, even if in connection with other common crimes, the competence of the Electoral Justice to hear and prosecute the criminal action”, concluded the minister.
In the complaint, the electoral context was also evident, since the defendant was accused of using the public machine to benefit his voter recruitment scheme.
The minister also said that “the recognition of the connection between common crimes and electoral crimes, in the present case, does not result from a ‘new’ jurisprudential understanding, because, as seen, the Federal Supreme Court, at the time of the facts, had already manifested itself by the competence of the electoral justice, in similar hypotheses”.
“In view of the above, considering the exceptionality of the case, I grant the order of Habeas Corpus to deconstruct the final judgment of the conviction arising from the criminal action, determining the referral of the records to the competent electoral Justice”, said the minister.
According to the defense of the former mayor, the case was “sliced” wrongly.
“We filed the Habeas Corpus claim saying that the case was void from the beginning, even before the STF’s new understanding. The case was electoral since the beginning of the investigation”, said the lawyer for the former mayor, Samuel Camargo Falavinha, from the Karpstein Falavinha Advogados law firm.
Nogueira was convicted in 2005 by the Common Court for crimes against public administration. He served one-sixth of the sentence and progressed to the open regime.
The alleged crimes, however, have already prescribed, according to the lawyer. Now, he will be able to respond to a new process, only in the Electoral Justice.
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