Toffoli sends drop Paulo Bernardo alleging illegality in prison

in the decision, ministro do STF disse que detenção foi ‘constrangimento ilegal’. PT was arrested last week by Operation Cost Brazil, by PF.
29/06/2016 12h59 - Updated 30/06/2016 07h53
Photo: reproduction

Minister Dias Toffoli, do Supremo Tribunal Federal (STF), He answered a request of former Minister Paulo Bernardo Silva and revoked his arrest, but he refused to request the PT defense for the case to be referred from the Federal Court of São Paulo to the Supreme Court. Former Minister of governments of Luiz Inácio Lula da Silva and Dilma Rousseff, Paul Bernardo was arrested on Thursday (23) by Operation Cost Brazil, Federal Police (PF), an offshoot of Lava Jato.

The defense of the PT claimed that his arrest was illegal and that the former minister had no involvement with any irregularities identified in the Ministry of Planning. Despite the appeal of lawyers, the Federal Court of São Paulo was held on Monday (27) Probation (no specified period) Paul Bernardo.

According to the Federal Public Ministry (MPF), the former minister was one of the main beneficiaries of the kickback scheme that would have diverted R $ 100 millions of federal employees who made payroll loans.

The Consist Group - a company contracted by the Ministry of Planning Paulo Bernardo in management to operate payroll loans to civil servants - charged more than you should and replayed 70% of its turnover for the PT and political. A tip pays between 2009 e 2015 I would have reached approximately R $ 100 millions.

In the order in which ordered the release of Paul Bernardo, Toffoli said that there was a “flagrant illegal constraint” the arrest of former minister. In view of the magistrate, the decision of the federal court judge to imprison the PT is based, “so fragile”, the conclusion that staff, due to be former minister and have connection with other investigated and the company suspected of having committed irregularities, Paulo Bernardo “could interfere with the production of evidence”.

Toffoli said in the decision that the judge of the Federal Court of São Paulo did not indicate in the arrest warrant “a single concrete factual element that could support this inference”.

“I envision, in kind, flagrant illegal constraint that can be repaired by granting habeas corpus craft”, the minister said the Supreme Court decision in the stretch.

“The custody for public order guarantee would be appropriate, in theory, if there was evidence that the complainant would be transferring funds abroad, conduct that would imply real risk of practicing new money laundering crimes. Of this, however, Per hour, no news”, he added Toffoli.

First instance
In the same decision, Toffoli denied the defense request for the case of Paul Bernardo was sent to the Supreme Court. The Minister determined in order that the investigation into the former minister remained in the first instance.

The judge pointed out that, “at first sight”, the arguments of lawyers PT, that the investigation should be sent to the Supreme Court to be attached to the investigation of the alleged involvement of the criminal scheme Gleisi. The senator is being investigated in superior court for having privileged forum as parliamentary.

Toffoli also said that Paul Bernardo defenders showed no concrete evidence that the former minister could have damage in their defense if the case remains in the first instance.

“Given these circumstances, I do not see, this judgment strictly delibação, serious breach of competence provided for in Article. 102, Incidentally I, point l, of the Federal Constitution, to justify the injunction pleaded”, completed Toffoli.

Source: G1

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