STF dismisses a final and unappealable conviction imposed on former mayor Antônio Nogueira – News of Brazil
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Paulo Silva
Policy Editor
the minister Dias Toffoli, of the Federal Supreme Court (STF), granted a writ of habeas corpus to the former mayor of Santana José Antonio Nogueira de Sousa (PT), to overturn the final judgment of the conviction arising from a criminal action in 2005, determining the referral of the case to the competent electoral justice.
Toffoli understood that the recognition of the connection between common crimes and electoral crimes, in the present case, does not result from “new” jurisprudential understanding, established in Inquérito 4435, because the Federal Supreme Court, at the time of the facts, had already manifested itself for the competence of the electoral justice, in similar hypotheses. He considered the exceptionality of the case to grant the writ of habeas corpus.
The decision, dated March 22, was taken at HC, with a request for an injunction, filed in favor of Nogueira, appointing the Superior Court of Justice (STJ) as the coercive authority, which had dismissed the regimental grievance.
The former mayor had been convicted of crimes typified in articles 288 (gang or band), 332 (influence peddling) and 313-A (insertion of false data in the information system), combined with articles 71 (continued crime) and 69 (material competition) of the Penal Code. In the filing, the defense alleges illegal embarrassment arising from the absolute incompetence of the common justice that condemned him, because there was a connection between the common crimes and the electoral ones, adding that the crimes committed had an electoral purpose. This is the famous scandal of “Carteiras do Nogueira”; occurred at Detran Amapá, when Antônio Nogueira was a candidate for federal deputy and was elected.
Antônio Nogueira’s defense requested, outright, the suspension of the effects of the criminal conviction resulting from the criminal action until final judgment and, on the merits, the annulment of the same action due to absolute incompetence, since it was a criminal action of the original competence of the Electoral Justice, but which was fully developed before the State Justice.
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