The president of the Superior Court of Justice (STJ), Humberto Martins, granted yesterday (6), during the judicial duty, more than one injunction (provisional decision) to suspend the effects of convictions for administrative improbity that weigh against former governor José Roberto Arruda, of the Federal District (DF).
With the decision, Arruda regains his political rights before the party conventions that will define the candidates in the 2022 Elections, between July 20th and August 5according to the electoral calendar.
Martins justified his urgent decision by stating that there is a danger of loss of rights, because in case of delay, “very serious damages will be produced to the applicant [Arruda]who will remain ineligible and unable to register his candidacy in the next elections”, wrote the minister.
The magistrate agreed with the defense’s arguments. The lawyers claimed that the suspensive effect of the effects of the convictions is necessary because the Federal Supreme Court (STF) scheduled the judgment on the new Administrative Improbity Law for August, whose outcome may benefit the former governor.
As an example, the defense presented a decision in which STF Minister Nunes Marques suspended the effects of the conviction of a politician until the Supreme Court decides whether the new law applies retroactively to its entry into force.
If the Supreme Court confirms the retroactivity, the crimes of improbity that Arruda responds to in court may prescribe or some conduct may no longer be a crime, argued the defense.
“The danger of delay and the risk of irreversibility of the decision are evident, since an emergency situation was characterized that justifies the granting of an injunction, which is exactly the possibility that the judgment, in the end, will be favorable to you in the STJ, having been prevented from participating in the 2022 elections due to the contested judgment, since he intends to launch a candidacy”, wrote minister Humberto Martins.
Understand
The former governor’s convictions stem from the Pandora’s Box operation, launched in November 2009 against a corruption scheme involving the purchase of votes in the DF’s Legislative Assembly and the payment of advantages to the former governor.
At the time, a video came to light in which Arruda receives cash from an assistant involved in the scheme, who later decided to collaborate with the Federal Police (PF). According to investigations, the scheme was irrigated with money from computer companies that had government contracts.
So far, between comings and goings, there is still no definitive conviction (transmitted in res judicata) against any of the targets of Pandora’s Box, which arrived to have about 50 defendants, including politicians, businessmen and operators.
