April 12, 2022

11:04

from Cenarium Magazine

MANAUS – The Court of Justice of the State of Amazonas (TJAM) annulled the breach of banking secrecy, tax and stock exchange (relating to transactions on the stock exchange) of the former first lady of Manaus Elisabeth Valeiko do Carmo Ribeiro, which had been requested by the Public Ministry of the State of Amazonas (MP-AM) in 2020.

The defense of the former first lady considers the decision important not only in favor of the benefited part, but for the constitutional principles themselves. “The Judgment shows that the Court recognized that the Gaeco of the MP-AM was seeking to obtain a series of data from the investigated without observing the formalities imposed by the Code of Criminal Procedure and the very Constitution of the State of Amazonas and that, now, they can no longer be used,” explain lawyers Pierpaolo Cruz Bottini and Bruno Lescher Facciolla.

The decision of the judge Mirza Telma de Oliveira Cunha attended a Habeas Corpus filed by the defense of Elisabeth Ribeiro, which raised the “absence of contradictory prior to the decree of the measure,” as required by Article 282, paragraph 3 of the Code of Criminal Procedure, since the data obtained in 2020 had no urgent nature.

In addition, the defense had shown that the MP-AM and the Judge of the Central of Police Inquiries disregarded the information provided by the former first lady that one of her bank accounts was joint with her husband, the then mayor of the capital of Amazonas, Arthur Virgílio Neto.

Also according to the decision, the Public Ministry must withdraw from the investigation all documents obtained from the action mentioned in the decision, making it impossible to use them later. That is, “with the result of the recognition of the nullity of the evidence in case of a possible reopening of the investigation or of the accusation, such evidence may not be used, nor used as grounds for such,” Mirza cites in her vote, which was unanimously approved by the judges of the Second Criminal Chamber of the TJAM.

The Order of Judgment can be accessed directly at https://consultasaj.tjam.jus.br/cposgcr/open.do, 2nd Degree Case Consultations, under the number 4008568-51.2020.8.04.000.