Minister Jorge Mussi, of the Superior Court of Justice (STJ), denied a preliminary request to suspend the process in which the former governor of Rio de Janeiro, Sérgio Cabral, was convicted of embezzlement due to the abusive use of state government helicopters for purposes individuals.
The magistrate requested information from the Court of Justice of Rio de Janeiro (TJRJ) to instruct or judge the merits. According to the STJ, this process, the former governor was sentenced to 11 years and eight months in prison and 58 days-fine for the continued practice of the crime of embezzlement for, at least, 2,281 times.
Or TJRJ, to confirm the conviction, also imposed the obligation to return R$ 10 million to the public coffers.
No main request for habeas corpus, the defense requested a declaration of nullity of the sentence and the agreement of the TJRJ, with the return of two orders at first instance so that all the evidence produced could be re-examined.
The defense maintains that the instances only analyzed the contrary evidence and that 12 of the 18 evidence that were in their favor were not cited, in violation of the principle of the presumption of innocence.
According to Cabral’s lawyers, the tests would indicate that he had not used two helicopters in excess.
In his decision, Jorge Mussi stated that habeas corpus is not the place to question the agreement, as he claimed to defend the former governor, configuring such a practice “flagrant disrespect for the current appeal system not in the scope of criminal procedural law.”
The rapporteur also affirmed that the restriction put forward by the defense will be analyzed without a habeas corpus judging by the STJ, if it is verified that there is a flagrant illegality, a situation not verified, and no request for an injunction.
A CNN Brazil tried to defend Cabral and awaits a position.
Source: CNN Espanol