STF minister suspends execution of sentences imposed on former deputy Edinho Duarte in Operation Eclésia proceedings – News of Brazil
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Paulo Silva
Policy Editor
Minister Nunes Marques, of the Federal Supreme Court (STF) granted precautionary relief, with a determination to suspend the execution of the sentences imposed on former state deputy Jorge Evaldo Edinho Duarte Pinheiro (Edinho Duarte) in the case file (0000937-2012) resulting from the Operation Eclésia, launched in 2012 within the scope of the Legislative Assembly of Amapá. The execution of the sentences had been determined by the Court of Justice of Amapá (Tjap), after publication of the judgment of the Superior Court of Justice (STJ).
Edinho Duarte’s defense filed an incidental provisional guardianship in which it filed a request for an extension of the effects of the decision that granted the injunction in habeas corpus, in his favor, to declare the suspension of the execution of the penalties imposed on him in the file of Process 0000422, of 2013, all pending before the Court of Justice.
The filing contains the allegation that there was “an extension of the effects of the injunction granted to suspend execution in the case file 0001417-2012 also for the penalties imposed in the case file 0001026-2012.8, when there was recognition of the “periculum in mora ” to accept the request as an incidental precautionary measure, determining that the suspension would also fall on the following process, since they were actions arising from the same operation, with, therefore, similarity of object to be discussed within the scope of the filing in question .
According to the minister, both criminal actions were questioned at the Superior Court of Justice (HC 754.408 and HC 813.823), where the nullity of the evidence collected in Operation Ecclesia due to the violation of the prerogative of forum is being discussed.
“In this context, I observe that both criminal prosecutions come from the same investigation (Operação Eclésia) and verified the occurrence of crimes committed in the illegal waiver of bidding in the emergency contracting of companies to meet the needs of the Legislative Assembly of Amapá. On the other hand, I am aware of the request for an incidental precautionary measure, due to the procedural situation narrated by the applicant, notably in the point where it emphasizes the urgency in the judicial provision with the concrete possibility of irreparable damage or of difficult repair (periculum in mora) in the case of continuation of the process, notably because “there was a worsening of the patient’s situation due to a new determination to be sent to prison, with the issuance, including, of the respective arrest warrant”, Nunes Marques emphasized in the decision, citing a precedent of the STF.
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