Renan Calheiros had seen defendant in the Supreme firstThe Court held this afternoon complaint in which Renan is accused of using a lobbyist for a contractor to pay pension to a daughter who had out of wedlock.
By 8 votes to 3 , or Federal Supreme Court (STF) decided today (1º) accept complaint lodged by the Attorney General's Office (PGR) in 2013 against the President of the Senate, Renan Calheiros (PMDB-AL), the crime of embezzlement. With the decision, Senator becomes defendant in the court for the first time.
While accepting the complaint for embezzlement, the Court also held, following vote the rapporteur, minister Edson Fachin, the charges of forgery and use of false documents prescribed in 2015, eight years after the offense was committed.
The Court held this afternoon complaint in which Renan is accused of using a lobbyist for a contractor to pay pension to a daughter who had out of wedlock. The PMDB is also accused of having tampered with documents to justify the payments. The case was revealed in 2007. In season, complaints led to the resignation from the post of chairman of the House.
Votes in favor of the complaint
For the survey rapporteur, Minister Edson Fachin the evidence presented in the case show that there is evidence that Renan Calheiros used in 2007 invoices to mask indemnity sum of deviations from the Senate to simulate the contracts for the provision of car rental services.
"The complaint alleges that the accused fictitious loan celebration with the Gold Coast company vehicles to order, artificially, increase its financial capacity and justify before the Senate Ethics Council ability to afford paying alimony ", the minister said.
Minister Luiz Roberto Barroso voted different rapporteur, accepting the complaint for the three crimes. "I consider as public documents a number greater than the rapporteur considered", Barroso said to justify his decision. The crimes of forgery and false document usage would only be prescribed if the documents that support these charges are considered private.
Although follow the rapporteur, Minister Teori Zavascki said the complaint lodged by the Public Prosecutor “It is not a reporting model” and said “the evidence is precarious and are at the limit”. O Minister, who is the rapporteur of Operation Lava Jato, also said that Court can not be held responsible for the delay in the trial process.
"Of 100 surveys that I have in my care involving people with venue prerogative, 95 are not in my office five are passing, and only two dependent on the report of receipt of examination. The Supreme is judge, It is not investigator, is not he who seeks proof, he judges ", he explained.
Rosa Weber, Luiz Fux, Marco Aurelio, Celso de Mello and President, Carmen Lucia, also they followed the vote of the rapporteur on the partial receipt of the complaint.
Votes against the complaint
Ministers Dias Toffoli, Gilmar Mendes and Ricardo Lewandowski voted for total rejection of the complaint because they understand that there is no evidence for the receipt of the complaint.
Toffoli considered the allegations as “mental creation” prosecutors. “Not succeeded in research prove that the service [the car rental company] It was not provided, but as there was no traffic amounts in bank accounts, [HE] deduces that the service was not provided for the receipt of the complaint.”, criticized Toffoli.
Lewandowski also criticized the lack of evidence in the complaint said “there was some creativity” by da PGR.
“For more damning that are the evidence of criminal wrongdoing, the survey may become wanton instrument in the life of the investigated, like all professional and social acts committed by him over the years were suspects or deserve clarification. The complaint must be objective.”, said Lewandowski.
Mendes said the PGR should have “intellectual honesty” ask archiving. “We have a classic case of ineptitude, already recognized by the rapporteur [Fachin], when he said [proof] It is in the border zone, on the fringe.”, he said.
In formalized complaint 2013, the PGR accused Renan of identity theft crimes and false document usage, by using fraudulent means to justify the origin of R $ 16,5 thousand paid monthly to the journalist Monica Veloso from January 2004 and December 2006, according to prosecutor.
Open process in the Council of the Senate Ethics when the scandal came to light, in 2007, Renan had cattle sales receipts to prove an income compatible with payments. According to an expert report of the PGR, the documents are false and do not correspond to actual business transactions. One of the buyers would have expressly denied buying cattle senator.
The PGR also accused Renan of the crime of embezzlement, by embezzling, between January and July 2005, indemnifying the amount you are entitled to as a senator. Despite having submitted invoices to prove the rental of two vehicles, researchers claim that the documents, no amount of R $ 6,4 thousand each, they are fraudulent.
“There were no releases that can show the input and output values [in the accounts of car rental and Senator], situation that proves that the service did not occur ", said Deputy Attorney General of the Republic, Borges Jose Bonifacio de Andrada, to read the report of the PGR, during the session.
During the trial, President of the Senate lawyer defended the filing of the entire complaint for lack of evidence. "When you receive a complaint inept embarrassment is illegal. There is no sufficient evidence even to the receipt of the complaint ", said Junqueira.