Police inquiry is opened against priest based on anonymous complaint

Father Vinícius de Oliveira of the Diocese of Santo Amaro, in São Paulo, is being investigated for the crime of abuse of economic power by the Federal Police (PF) for allegedly using his homilies to make a political campaign, in 2022, in favor of the former President Jair Bolsonaro. The priest denies the accusations. The police inquiry was opened at the request of the Public Ministry of São Paulo (MP-SP), after receiving an anonymous complaint.

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“Since the political campaign, this priest has been putting fear in the faithful, saying that if we don’t vote for President Bolsonaro we will be excommunicated and we will no longer be able to participate in any church activity”, says the anonymous complaint, without presenting evidence.

Jurisprudence of the Superior Court of Justice provides that an anonymous complaint, by itself, cannot support the initiation of a police investigation. Even so, prosecutor Alexandre Salem de Carvalho sent a letter to the PF for the initiation of the investigation, in December 2022.

Weeks later, PF agents went to the parish to look for the priest. As the priest was not there, the officers approached parishioners around the church to inquire about his sermons. The priest said that the faithful were embarrassed by the questioning of the police. For him, his homilies are uncomfortable for speaking out against abortion, communism and ideological issues about gender.

“I’ve always preached against communism and when we talk about it, we already know who we’re talking about”, he says. “I was never aggressive or attacked anyone”, adds the priest, noting that many of his homilies are on YouTube.

“I’m pretty calm in the meantime, taking the process. But I’ll keep talking, because that’s what the church asks. I’m sure I didn’t say anything wrong, besides the truth”, she points out.

The priest’s defense lawyer, Marcelo Garcia Barazal, filed a request for habeas corpus, as well as the annulment of the decision that determined the initiation of a police inquiry, due to lack of grounds.

“The Public Ministry could have collected information, but it has already triggered a police inquiry based on an anonymous complaint, without the slightest evidence. There is no video or audio about the complaint. The MP could have instituted an administrative procedure,” said the lawyer.

Anonymous reporting requires prior verification

The jurisprudence of the Superior Court of Justice (STJ) understands that there is illegality in the initiation of a police investigation without preceded by any preliminary investigation. This understanding was maintained in several decisions of the Federal Supreme Court (STF).

The Public Prosecutor’s Office of São Paulo informed Gazeta do Povo that the complaints were received by the Electoral Prosecutor’s Office, but, as there was a possible commission of a crime, they were forwarded to the Federal Police for investigation. “No preliminary investigation was carried out by the Public Prosecutor’s Office”, stated the MP-SP.

The Federal Police did not respond to the report, so far.

Bishop of the Diocese of Santo Amaro sends letter in defense of the priest

The Bishop of the Diocese of Santo Amaro, José Negri, sent a letter in defense of the priest, who is in the case file, stating that the priest “enjoys a good reputation among the clergy and parishioners”. “I never heard complaints nor did I receive complaints regarding party politics: neither favorable nor unfavorable, in obedience to a decree issued by the Diocesan Curia in which it was about the position of the presbyters in relation to political elections”, he said.