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Judge who ordered the arrest of Gusttavo Lima and Deolane is accused of judicial abuse

The state prosecutor's office accuses the judge of abuse of authority, bias and disrupting the progress of the Operation Integration investigations.

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Tuesday, December 10, 2024

 

Updated at 11:14

 

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The MP/PE filed an appeal with the TJ/PE against judge Andréa Calado da Cruz , of the 12th criminal court of Recife/PE, alleging abuse of authority and lack of impartiality in the conduct of Operation Integration.

 

The investigation is looking into money laundering and organized crime crimes involving influencer Deolane Bezerra and singer Gusttavo Lima.

 

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Judge who ordered the arrest of Gusttavo Lima and Deolane is a controversial figure

 

 

 

MP/PE files appeal against Operation Integration judge for "abuses" and "lack of impartiality". (Image: Reproduction)

Performance of the MP/PE and criticism of the judge

 

In the appeal, the MP/PE argued that the judge had disrupted the process by determining that prosecutors could choose between filing a complaint, archiving the case or requesting new investigations, even with investigative stages pending.

 

The analysis of the data on the financial transactions of those investigated has not been completed, an essential step in filing the complaint due to the need to demonstrate the materiality and other elements of the type of money laundering crime.

 

The MP/PE also accused the judge of disqualifying the ministerial statements and adopting a stance incompatible with the accusatory principle.

 

"The position of the first instance judge clearly violates the accusatory principle.  Although the judge does not like it or does not want to see it, the Public Prosecutor's Office is responsible for the criminal action."

 

Exposure of confidential data

 

Another central criticism from the MP/PE is the lifting of the confidentiality of financial information related to the investigation, which would have caused undue exposure.

 

The disclosure of financial information quickly sparked the interest of the press, attracted by the high values ​​and the involvement of famous people.

 

For the MP/PE, this measure would have the objective of embarrassing the Public Ministry and turning public opinion against the Institution.

 

Impact of decisions on investigation

 

The MP/PE argued that the judge's stance compromises the integrity of the investigations and could lead to inadequate outcomes.

 

As stated and demonstrated, the analysis of the financial movement data of those investigated, an essential step in filing the complaint and correctly investigating the facts under investigation, has not been completed.

 

Regarding the case of singer Gusttavo Lima, the judge reportedly said that the MP changed its understanding of the indictment in a brief statement lacking arguments. 

 

According to the prosecutor's office, what actually happened was that, once the police investigation was concluded, the weakness of the investigation became clear, which led to the request for additional investigations.

 

Furthermore, regarding influencer Deolane Bezerra, the MP/PE verified the absence of evidence capable of filing a complaint, notably regarding previous criminal offenses and the materiality of the money laundering crimes imputed by the police authority.

 

Request for preliminary injunction

 

Finally, the MP/PE requested the preliminary suspension of the decision that obliges the Public Prosecutor's Office to act before the conclusion of the investigative stages.

 

According to the body, the continuation of the judge's stance harms the investigation of the facts and could cause irreparable damage.

 

On the merits, the appeal requests that the case be referred to the Judiciary Council for disciplinary analysis of the judge's conduct.

 

Furthermore, the prosecution emphasized that, if filed, the complaint must be based on robust evidence, reinforcing that any hasty decision could compromise the credibility of the investigation.

 

The case is now under analysis by the judge in charge at TJ/PE, Demócrito Ramos Reinaldo Filho, who will decide on the request.

 

Case :  0022884-49.2024.8.17.2001

 

link: https://www.migalhas.com.br/quentes/421289/juiza-que-mandou-prender-gusttavo-lima-e-deolane-respondera-por-abuso