STJ decides that investigation of Cláudio Castro will not be sent to the first instance

The Superior Court of Justice (STJ) ruled this Wednesday (3) that the case investigating the current governor of Rio de Janeiro, Cláudio Castro (PL-RJ), about an alleged overpriced purchase of artificial respirators during the pandemic when he was deputy governor in 2020, will not be sent to the first instance.

In the decision of eight votes to four, the Special Court of the STJ accepted the understanding of Minister Luis Felipe Salomão, who recognized the competence to prosecute and judge the case due to the facts that occurred during the same administration. Cláudio Castro was sworn in as governor after the impeachment of Wilson Witzel.

“The aggravating factor [Castro] was from the same political and government group, in theory, involved in the facts, having assumed the position of governor due to the removal of the then incumbent, during the same term, with no gap in the performance of the functions that were the subject of the investigations”, explained Salomão in the vote.

The magistrate concluded by stating that “it is incumbent upon the STJ, for the purposes established by the forum rule by prerogative of function, to prosecute and judge the acting governor who left the position of vice-governor during the same term, when the imputed facts concern the exercise functions within the scope of the State Executive Branch”.

The rapporteur of the case, Minister Benedito Gonçalves, maintained that the process should be sent to the Federal Regional Court of the 2nd Region (TRF2), due to the presence, among those investigated, of the state deputy André Ceciliano, who has jurisdiction by prerogative of function in the court in cases of federal crimes.

Previously, in a monocratic decision, due to the loss of jurisdiction by former Governor Wilson Witzel, Benedito Gonçalves had determined the referral of the case to the first instance of Federal Justice in Rio de Janeiro. The decision led to an appeal by Castro’s defense.