PF concludes without indicting hostility investigation against Moraes – 02/15/2024 – Power

The Federal Police investigation that investigated the conduct of Brazilians suspected of harassing Minister Alexandre de Moraes in Rome reached the conclusion that businessman Roberto Mantovani Filho committed the crime of real insult against the son of the member of the STF (Supreme Federal Court).

Despite the conclusion, the responsible delegate, Hiroshi de Araújo Sakaki, said that he did not indict the businessman because there is a normative instruction that prohibits indictment for a crime of lesser offensive potential, with a maximum penalty of one year. The investigations have been closed.

Actual insult is characterized in the Penal Code by the “use of violence or acts” to offend someone’s dignity or decorum.

“Examples of real insult, as taught by the doctrine, include slapping, pushing, pulling clothes or part of the body (ear or hair pulling), throwing objects, spitting at someone or in their direction, etc.”, says the signed report by the delegate.

The delegate also states that for there to be extraterritoriality of criminal law — that is, for Brazilian law to apply to episodes that occurred abroad — the crime must be “included among those for which Brazilian law authorizes extradition”, which This is not the case with real injury.

The confusion happened in July last year, at Rome Airport. According to the delegate, the images show that Mantovani “incisively” addressed Alexandre Barci de Moraes, the minister’s son, and “struck him in the face with his right hand, causing the victim’s glasses to dislodge.”

“It is also observed that, immediately after such physical contact, Alexandre Barci de Moraes retaliates, pushing Roberto Mantovani Filho with his left arm. Then, a man places himself between them, separating the conflict, and Alexandre Barci de Moraes is taken to inside the VIP room [do aeroporto] for your sister”, he adds.

Moraes called the PF after hostility against him and his family in Italy. The police opened an investigation to determine the circumstances of the approach and also of a possible attack on the minister’s son.

The episode mobilized authorities across the country, who showed solidarity with the Supreme Court minister. President Lula (PT) compared the case to an act of a “wild animal”.

The police were investigating, in addition to Mantovani and his wife, Andreia Munarão, the businessman’s son-in-law, Alex Zanata Bignotto, and his son, Giovanni Mantovani.

At the time, the Supreme Court minister and president of the TSE (Superior Electoral Court) reported having been called a “bandit, communist and bought”, according to information collected by investigators. The family, who lives in Santa Bárbara d’Oeste (SP), underwent a search and seizure, ordered by the then President of the Supreme Court, Rosa Weber, four days after the confusion in Italy.

Defenders of those involved in the episode said that the hostility against the magistrate did not come from them.

This Friday (16), trials begin in a virtual plenary of appeals by Mantovani’s lawyer, Ralph Tórtima, in the investigation. The sessions run until February 23rd.

In a note after the release of the PF report, Tórtima stated that the delegate was guided by “a partial analysis of the images, which the defense and the Federal Public Ministry were prevented from having a copy of. In fact, the Italian authorities drew a different conclusion from his.” .

The PF, says the lawyer, “concludes at the end of its report that the alleged crime of real insult is not among those that, when occurring abroad, can be investigated in Brazilian territory.”

“In other words, this investigation could never have existed and this family could not have been subjected to such excesses. I see that a good part of the truth has been clarified, only missing that which the withheld images would be exposing. It will now be up to the Federal Public Ministry to do the last word, which we believe is the shelving of this investigation”, he stated.

In October, the Federal Police reconstructed the episode in the investigation, according to images from the internal circuit of the Italian capital’s international airport.

The PF said that Mantovani and his wife, Andreia Munarão, apparently argued and shouted at Moraes’ son.

While Andreia shouted at Barci, the PF analysis said, Mantovani “prostrates himself before the minister’s son and then appears to challenge him.”

“Roberto [Mantovani] appears to affront and challenge the minister’s son, confronting him, while Andreia, apparently, continues to scream, pointing her index finger at him or someone nearby”, stated the PF document.

The image then shows that Mantovani, taller than Barci, “seems to impose himself” and decides to confront the minister’s son “in an intimidating way, ‘chesting him'”. “Suddenly, Roberto starts to raise his arm with the back of his right hand facing Barci”, describes the reconstruction.

“Next, Roberto Mantovani appears to hit Alexandre Barci’s face with the back of his right hand, hitting the latter’s glasses and apparently dislocating them. The glasses do not fall to the ground due to a discreet dodge by the victim. “