STF resumes criminal action against Eduardo Cunha for corruption
The STF (Supreme Federal Court) decided to resume the trial of a criminal action against former deputy Eduardo Cunha (Republicanos-MG), which took place within the scope of Operation Lava Jato. In the process, the politician and then deputy Henrique Eduardo Alves are accused of being beneficiaries of a scheme to receive undue advantages from the construction company OAS in exchange for favors in the National Congress.
The alleged political benefits include legislative approval of projects that benefited OAS, release of federal financing for works in Rio Grande do Norte, changes to provisional measures on taxation and support for the company's participation in airport privatization processes.
In 2016, Lava Jato discovered messages that allegedly linked Cunha to the former president of the construction company OAS. At the time, the former deputy presided over the Chamber of Deputies. With the mandate in force, an inquiry was opened at the STF to investigate the accusations.
A few months after the opening of the investigation, Cunha had his mandate revoked and lost his privileged jurisdiction. The case was sent to the Federal Court of Rio Grande do Norte, where the Federal Public Ministry filed a complaint in 2017 for crimes of passive corruption, active corruption, money laundering and criminal organization.
In 2021, the STJ (Superior Court of Justice) determined that the case be transferred to the Electoral Court due to signs of electoral crime and undeclared use of campaign resources.
In May, Minister Alexandre de Moraes, of the STF, received the case files and ordered the reopening of the Court, since, according to the new jurisprudence, parliamentarians can be tried for crimes committed in office even after the end of their mandate.
On Tuesday (2), Cunha's defense claimed that the resumption of the process in the Court is a procedural error. According to lawyers, the Attorney General's Office never carried out an independent analysis of the complaint.
According to lawyers, the Attorney General's Office never carried out an independent analysis of the complaint. When the case reached the STF in May, the PGR only asked for "continuation of the criminal prosecution" without deliberating whether there was, in fact, just cause for the criminal action to continue.
For Cunha's lawyers, this violates the constitutional principle of the "natural prosecutor" - the guarantee that only the PGR, in actions originating from the STF, has the power to decide on the viability of the investigation.
The defense also questions the procedural rite established by Moraes. According to the law that regulates criminal actions in higher courts, the defendant must present a "response to the accusation".
After that, there is a collegial decision by the court on whether or not the complaint should be received. Only then, if the complaint is admitted, does the defendant present a "prior defense" to request evidence.
The lawyers complain, as the STF ordered Cunha to be summoned and present a "prior defense" within 5 days. Skipping the "response to the accusation" step.
* Intern under the supervision of Victor Labaki
Source: CNN