STJ again postpones complaint against judge from Minas Gerais – 02/02/2023 – Frederico Vasconcelos

The opening of the judicial year at the Superior Court of Justice, this Wednesday (1), repeated exactly the same facts as reported in this blog on October 20, 2021:

“The Special Court of the STJ has again postponed the decision on the receipt or rejection of a complaint against Judge Alexandre Victor de Carvalho, from the Court of Justice of Minas Gerais. The magistrate is accused of passive corruption, for allegedly negotiating public positions for his son and the woman.”

The lawsuit was filed at the STJ in September 2014.

The rapporteur, Minister Herman Benjamin, dissected dialogues intercepted in 2015 with judicial authorization.

Its objective was to characterize that the magistrate “requested or received undue advantage, for himself or for another [para a mulher, Andreza Campos Victor de Carvalho, e para o filho, Guilherme Souza Victor de Carvalho]directly or indirectly, even outside the function or before assuming it or accepting a promise of such advantage”.

As foreseen by the caption of Article 317 of the Penal Code.

The MPF denounced the judge, accused of practicing passive corruption twice. Deputy attorney general Carlos Frederico dos Santos said that “the facts are ripe for the receipt of the complaint”.

They are exchanges of favors, in reciprocity for the support for the appointment of lawyer Alice Birchal to the position of judge of the TJ-MG.

Carvalho proposed that his wife and son act as phantom civil servants in the Assembly and in the City Council.

Here are some snippets of displayed dialogs:

William [filho]: “It’s dad, you are really different dad!

alexander [pai]: “Look what I’m getting at fifty years old (…) Durval Ângelo [deputado e líder o governo na Assembleia] he was a personal enemy of dad (…) Durval appointed Andreza [mulher do desembargador]. I’m really different.”

*

Carvalho suggests a “split” scheme to share any salary to be paid by the treasury to the non-graduated mother-in-law.

alexander: “(…) If Guilherme doesn’t want to, he has to see someone, I was thinking about your mother, you know, so she would have “three thousand reais” (three thousand reais) and you would have “three little ones”.

Andreza: She has no job!

*

William tells the father that he had not yet registered with the OAB:

alexander: (…) You can be nominated now, you keep stalling!

Delivery service

Herman Benjamin said that “the advantage was actually received, there was a delivery service”. They would be “married nominations for the post of phantom exercise”.

“The son would occupy [na Câmara Municipal] the position held by the accused’s wife”.

Carvalho’s lawyer, Eugênio Aragão, former Minister of Justice [governo Dilma Rousseff], said that there was “a bit tortuous procedure”. The inquiry was to investigate the suspected sale of sentences. The judge “was not and was not mentioned in that inquiry”.

“Interceptions were made from a lawyer friend of his.” There was a “devasse” and the magistrate “was drawn into the investigation, which had nothing to do with him”.

another vision

Minister Luis Felipe Salomão said that “whoever listens to the records is impressed”. The National Council of Justice opened a Disciplinary Administrative Proceeding and the judge’s conduct will be investigated.

Salomão said the process is “Kafkaesque”, “full of assumptions”.

“No one accepts that a magistrate has this type of dialogue, but no element is extracted, no sufficient evidence to perceive the undue advantage”.

“In these dialogues there are not even indications of an official act. It is pure inference, pure persecution”.

Salomão voted to reject the complaint.

The rapporteur said that “a judge asked for a ghost job for his wife and son”. He cited Supreme Court precedents. “The crime of passive corruption is formal. Proof of causal link is not required.

Minister Benedito Gonçalves followed the divergence. The vice-president, minister Og Fernandes, saw nuances between the understanding accepted by the rapporteur, “on a border with the hypothesis of administrative impropriety”.

Fernandes asked for a view “for a more detailed study”.

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