Court Authorizes Senator Under House Arrest to Travel Abroad for Vacation but Supreme Court Revokes

26By Xiu Ying

RIO DE JANEIRO, BRAZIL – Senator Acir Gurgacz, who is serving a sentence under a work-release program and is working in Congress, was granted permission by the Federal District Court to spend his vacation at a resort on the island of Aruba, in the Caribbean. The trip is scheduled to take place from July 17th to August 3rd.

The measure, which was also approved by the Federal District Prosecutor, has the effect of suspending the sentence being served by the politician, during the period in which he is out of the country.

Acir Gurgacz was sentenced to four years and six months in prison last October for crimes against the financial system. According to the indictment, the senator had fraudulently embezzled the Banco da Amazônia in the amount of R$525,000 (US$131,000).

While on holiday, Gurgacz planned to stay for 18 days at the Renaissance Aruba Resort & Casino. According to the establishment’s website, a daily hotel stay overlooking the Caribbean costs an average of R$4,000.

According to the Federal Prosecutor General (PGR) indictment, the senator had fraudulently obtained financing from the Banco da Amazônia to renew the Eucatur bus fleet, a transportation company he managed, between 2003 and 2004.

Acir Gurgacz was charged with misappropriating R$525,000 of the R$1.5 million financed. With the remainder, he bought old buses, contrary to the loan commitment, accounting for the purchase through forged invoices.

Supreme Court Revokes Authorization

However, Justice Alexandre de Moraes of the Supreme Court (STF), revoked the authorization for Senator Acir Gurgacz to travel to the Caribbean.

Raquel Dodge, District Attorney, urged the Supreme Court, on Wednesday, to suspend Gurgacz’s permission to spend his vacation in a resort on the island of Aruba.

In the petition, the head of the Federal Public Prosecutor argued that, although under house arrest, the senator of Rondônia “is serving a custodial sentence” which, in her assessment, is “clearly incompatible with traveling for leisure.”

Alexandre de Moraes, presiding justice over the case in the STF, ruled to suspend the trip, even before learning the content of Raquel Dodge’s petition.

The justice further determined that the senator surrender his passport within 24 hours and ordered that the Federal District Court no longer examine issues regarding the fulfillment of Gurgacz’s sentence.

Alexandre de Moraes additionally instructed the National Council of Justice (CNJ) and the National Council of the Federal Public Prosecutor (CNMP) to be notified to determine whether the judge and prosecutor had committed any misconduct by authorizing the senator to travel to a resort abroad while serving an open prison sentence.