Gilmar Mendes files impropriety lawsuits against Arthur Lira

by time news
Bruno Spada/Chamber of Deputies

President of the Chamber Arthur Lira

the minister Gilmar Mendes
do Supremo Tribunal Federal
ordered the end of three actions of administrative impropriety against the president of the Chamber of Deputies
, Arthur Lira
(PP-AL). The processes were delivered to the Federal Court of Paraná in the unfolding of investigations by the Lava Jato
.

The actions were suspended in April 2021 by determination of the magistrate. The father of the mayor, former senator Benedito de Lira, also benefited from Mendes’ decision.

The Supreme Minister argued that the improbity cases were handed over to the Justice based on the investigation elements of an accusation against the two, which were no longer accepted by the Court.

This formal complaint by the Attorney General’s Office had been denied in 2017. At the time, father and son were denounced for practicing money laundering and passive corruption, in a decision by the Second Panel of the Court.

Gilmar Mendes is responsible for reporting an action filed by the defense of Benedito and Arthur Lira. In the request, the lawyers argued that the impropriety proceedings were filed based on the same evidence as the filed complaint, without new elements for investigation.

According to the minister, the behavior “corresponds to an attempt to circumvent the understanding signed by the Second Panel of the Federal Supreme Court” in the analysis of the complaint.

Gilmar Mendes and his argument

The rapporteur highlighted that the decision that rejected the accusation was not limited to recognizing the lack of evidence. “But it also presented arguments that point to the non-participation of the defendants in unlawful acts, expressly recognizing the fragility of the narrative built to the detriment of the claimants”.

“Therefore, the relentless jurisprudence of the Court applies in the sense that the same factual narrative that gave rise to a judgment of negative certainty in the criminal sphere cannot provoke a new process within the scope of sanctioning administrative law. In view of the above, I consider the claim valid and I determine the locking of actions of administrative improbity exclusively in relation to the claimants, with the consequent lifting of all the patrimonial constraints carried out in their disadvantage”, he concluded.

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