Bretas is declared incompetent in the actions of the Exposed Invoice Operation
The Federal Supreme Court (STF) declared the incompetence of the judgment of the 7th Federal Criminal Court of Rio de Janeiro, whose head judge Marcelo Bretas, to process and judge criminal actions arising from the investigations of Operation Exposed Invoice and related cases investigated in Operations Resonance and SOS The decision was taken on Tuesday (7), by the Second Panel of the STF, and published on the court's website.
The decision was handed down in the habeas corpus (HC) trial filed by the defense of health sector businessman Miguel Iskin, one of the convicts. However, it also benefits former governor Sérgio Cabral. According to the collegiate, the records must be freely distributed in the Federal Court of Rio de Janeiro, and it will be up to the new court to decide on the validation of the decision-making acts performed by the court declared incompetent, with the possibility that the convictions are annulled.
Iskin's lawyers called for recognition of the illegality of the creation of a universal court for the processing and judgment of all operations initiated by the Federal Public Ministry of Rio de Janeiro and alleged the lack of connection between Calicut Operations, which investigates corruption in works public, and Exposed Invoice, on crimes in the health area - which would attract the jurisdiction of the 7th Federal Criminal Court of Rio de Janeiro.
When voting for the concession of the HC, the rapporteur, Minister Gilmar Mendes, noted that there is no necessary connection between the evidence produced in Operation Calicut, linked to crimes involving the Secretariat of Works; and Operation Exposed Invoice, which presupposes crimes committed at the state Health Department and at the National Institute of Traumatology and Orthopedics (Into).
He cited an excerpt of a legal opinion attached to the file according to which the alleged criminal schemes were operated in different public agencies, through different public officials, to benefit different business groups (contracting companies cartel and health company cartel) and in competitions with distinct objects (bids for renovation and construction of large public works and purchase of medical materials and prostheses).
Also for the rapporteur, admitting an instrumental connection in the two cases would represent an affront to the rule established by the Supreme in relation to large operations, according to which the establishment of a universal court for investigation of deviations involving improper personal or political party advantages violates the guarantee of the natural judgment.
The minister also stressed that the only link between operations Calicut and Invoice Exposed is the award-winning collaboration of Sérgio Romero, former legal advisor to Into and former assistant secretary of Health in Rio de Janeiro.
In his view, the recognition of the competence of the 7th Court, in this case, offends another rule consolidated by the STF, according to which the awarded collaboration as a means of obtaining evidence does not constitute a criterion for determining, modifying or concentrating competence.
Ministers Ricardo Lewandowski and Nunes Marques accompanied the rapporteur. Minister Edson Fachin was defeated, because he understood that the attraction of connection processes and the creation of specialized courts to judge certain crimes does not violate the principle of the natural judge.
Cabral's defense was sought for comment on the decision, but has not yet commented. The report is trying to contact Miguel Iskin's defense.
Text translated using artificial intelligence.
