Senate asks the Supreme Court seeking annulment functional apartment Gleisi HoffmannThe justification is that the residence is an extension of the Senate and the search should be performed only by the Supreme Court.
The Senate appealed on Thursday night (23), the Supreme Court (STF) to cancel the search and seizure warrants completed in functional apartment of Gleisi Hoffmann Senator (PT-PR), during Operation Cost Brazil.
The questioning was motivated by the arrest of the former Minister of Planning Paulo Bernardo, husband of Senator. In the morning, Bernardo was arrested functional apartment parliamentary, in Brasilia.
the petition, the Senate of the law argued that the judgment of the 6th Federal Court of São Paulo, responsible for the operation, I could not have given the fulfillment of the mandates functional residence of Senator, because it is an extension of the Senate dependencies, whose assignment would be the Supreme Court. For a Casa, Gleisi was the victim of an illegal action.
"It shows that there was gross negligence - if not intentionally - in the contested decision, what, with full knowledge about the impact of search and seizure for the person subject to the jurisdiction by function prerogative before the Supreme Court, yet determined their investigation - in property of the Senate's own, subject, therefore, immunity of constitutional office -, in clear violation of the constitutional rule of jurisdiction of the Supreme Court ", He argued the Senate.
In deciding the search and seizure of documents and prison, Judge Paul Bueno de Azevedo decided to agents of the Federal Police, due to the privileged forum, any evidence found against Senator be forwarded to the Supreme. Not release, the judge also stressed that Gleisi is not investigated and, therefore, the search in the functional apartment is not obstacle to investigations of first instance.
Suspicions involving Paul Bernardo appeared in Operation Lava jet and were sent to the Supreme. In September last year, the Court sent the investigation to the Justice of São Paulo, because it believes that the facts are not part of the calculation Lava Jato.
Operation Cost Brazil
According to the investigation, former Minister Paulo Bernardo received resources of a fraud scheme in the contract for management of payroll loans in the Ministry of Planning. The services of Consist Software, hired to manage the payroll loan federal civil servants, They were funded by a charge of approximately R $ 1 of each of the officials requesting the loan. Of this amount, 70% They were diverted to shell companies to reach the recipients, among them the former minister.
in a statement, the former minister lawyers reported that “Ministry of Planning merely make a technical cooperation agreement with banks associations, notably ABBC and SINAPP, and there is no type of public contract, nor expenditures by the federal government agency. Even so, within the Ministry of Planning, responsibility for the technical cooperation agreement was the Human Resources Department and, not involve spending, the question even passed the approval of the minister.”
in a statement, a PT, which was also targeted search in its national headquarters in São Paulo, He described the operation as "unnecessary and media". "A PT, that has nothing to hide, It has always been and is available to the authorities for any clarifications ", said the party.