The defense of the former Secretary of Public Security of the Federal District, Anderson Torres, went to court so that he would not have to return the equivalent of R$87,500 in salaries received during the period in which he was imprisoned as part of the investigations into the acts on January 8, 2023. Torres also served as Minister of Justice under former president Jair Bolsonaro (PL).
According to the request made by lawyers Eumar Novacki and Ricardo Peres, the Federal Supreme Court (STF) has already issued a previous decision considering the suspension of payments due to preventive detention without a final conviction of a case to be irregular.
“The suspension of salaries due to preventive detention, without the conviction being final and unappealable, goes against the principles of the presumption of innocence and the irreducibility of public servants’ salaries”, express the lawyers in the order to which the People’s Gazette was accessed this Tuesday (6).
The defense also states that Torres “was not even reported”, and that the Federal Public Ministry (MPF) recently archived the civil investigation in which he is cited for involvement in the acts.
“The determination of compensation that occurred in this case violated the author’s fundamental rights and guarantees, especially the presumption of innocence, since, even before the criminal sentence is handed down, he has already been experiencing its deleterious effects”, they add.
“[A defesa requer uma] urgent protection to suspend the enforceability of the collection carried out by the Union, including preventing the carrying out of any direct or indirect acts aimed at collecting the alleged debt, such as registration as an active debt, in the Informative Register of Unpaid Credits of the Federal Public Sector (CADIN ), in the register of defaulters, the protest at a notary’s office or the triggering of a new debt collection process, we have the basis”, say the lawyers.
The order for Torres to return his salaries was given in July last year by the people management sector of the Ministry of Justice, which questioned the Attorney General’s Office (AGU) about how to pay the remuneration during his precautionary arrest. The Union’s understanding was that he would have to return the amounts received.