RIO DE JANEIRO, BRAZIL – The Federal Superior Court (STJ) unanimously followed the vote of Judge Benedito Gonçalves, rapporteur of the petition requesting the removal of Rio de Janeiro governor Wilson Witzel (PSC), and voted for the maintenance of his ban from holding office for another year. Brazil’s second-highest court accepted the Federal Prosecutor’s Office (MPF) complaint accusing Witzel of corruption and money laundering.
Witzel had been removed from his post as governor in September last year, because of impeachment proceedings against him. He would have completed the 180 day period by the end of February and could have returned to office even though the impeachment is still proceeding.
The Prosecutor General’s Office (PGR) accusation was based on Rio’s ex-Secretary of Health Edmar Santos’ plea bargain testimony, that named Witzel as the leader of the criminal organization accused of embezzling funds allocated to fight Covid-19.
Gonçalves rejected Witzel’s defense arguments, including a motion to adjourn the session due to lack of access to the full text of Santos’ denunciation. Roberto Podval, Witzel’s defense attorney, tried to adjourn the session twice, filing motions with the Federal Supreme Court (STF) and the Federal Prosecutor’s Office (MPF), but both were rejected.
However, Judge Gonçalves considered that the absence of the document “did not hinder the defense and no indictment has yet been prepared.” In his vote, he emphasized that the review of evidence should be done in the judgment on the merits rather than in the preliminary proceedings.
In the vote, the judge reviewed the MPF’s allegations and stressed the involvement of Rio de Janeiro’s first lady Helena Witzel, confirming the millionaire transactions and deposits made through her law firm.
The impeachment proceedings, before a special court comprising five State Appellate Court (TJ) judges and five sitting members of the state legislative assembly (ALERJ), which had been adjourned, should be restarted soon.
Source: UOL