Revenue exonerates secretary of Bolsonaro’s jewelry case after Justice decision – 06/14/2023 – Power

Following a decision by the Justice of Brasília, the Federal Revenue Service published this Wednesday (14) in the Official Gazette the dismissal at the request of the former special secretary of the agency Julio Cesar Vieira Gomes, who is being investigated on suspicion of pressuring officials at the airport of Brasília. Guarulhos (SP) to release Saudi jewels destined for the Bolsonaro family.

This Wednesday’s act is signed by the Revenue Secretary, Robinson Barreirinhas, and in practice nullifies the suspension of the exoneration that he himself had defined in April.

Julio Cesar had asked for and obtained dismissal from the Revenue Superintendence in Rio, but the act was suspended shortly thereafter by ordinance signed by Barreirinhas

As shown to Sheet at the time, Barreirinhas’ decision used a justification that had no legal support.

The ordinance signed by Barreirinhas barred the exoneration considering, “out of caution, the supremacy of the public interest, the peculiarities of the case, the provisions of article 172 of Law no. of the Union).

The only specific legal provision cited, article 172 of the Federal Civil Servants Law (8.112/90), establishes that the civil servant “who responds to disciplinary proceedings” cannot be exonerated at the request of the ongoing procedure.

It so happens that Vieira Gomes still does not respond to disciplinary proceedings.

In the case of Saudi jewelry, it was the subject of an IPS (Summary Preliminary Investigation) at the CGU, which, as the name implies, is an initial investigation in which there is no broad defense and whose objective is to define whether there is minimal evidence of a crime. and authorship for subsequent initiation of disciplinary proceedings.

After seeing his request for exoneration suspended, Viera Gomes appealed to the Federal District Court and obtained a favorable injunction on the last 5th.

“If the law establishes the existence of a disciplinary administrative process as a restriction, the public authority -whatever it may be- cannot expand the normative scope of a norm to, expanding the normative command, reach situations not foreseen in the law”, he wrote in his decision Judge Leonardo Tocchetto Paupério, from the 16th Federal Court of the DF.

The magistrate also stated that the Revenue Service did not give Vieira Gomes the right to speak out by suspending his request for dismissal and stressed that there was no obstacle to opening a PAD and applying the penalty of dismissal —in which case his situation would change from being dismissed by request to fired.

Vieira Gomes told Sheet that “federal justice decided that the annulment of the exoneration had no legal support” and that the new ordinance complies with the decision to correct the illegality.

The Revenue did not manifest itself until the publication of this text. The exoneration is retroactive to May 25.

Vieira Gomes is suspected of having pressured inspectors to release the jewels seized at Guarulhos International Airport. He and Bolsonaro even spoke by phone at the end of last year about the seized luxury items.

In previous demonstrations, the former secretary always denied the attempt to interfere, saying he had followed all legal guidelines.

Members of the Revenue Service and other bodies that follow the case claim, in a reserved manner, that a possible intention of the former secretary in requesting his dismissal would be the release for free activity in the private area, as a lawyer.

According to his CV, Vieira Gomes has a doctorate and a master’s degree in tax law from Uerj (University of the State of Rio de Janeiro).

Former Internal Revenue Service Inspector João José Tafner also claimed to have been pressured by Vieira Gomes to conclude and mitigate any punishment against the agency’s former head of intelligence, Ricardo Feitosa.

As revealed to SheetFeitosa accessed and copied, in July 2019, confidential tax data from the coordinator of the investigations into the alleged “cracks” scheme (the then Rio Attorney General Eduardo Gussem) and two politicians who had broken with the presidential family, the businessman Paulo Marinho and former minister Gustavo Bebianno.

Vieira Gomes denies putting pressure on Tafner to ease any punishment.