Plenary of the Federal Supreme Court

The judgment of a criminal action that, finally, will fix the understanding of the Federal Supreme Court on the practice of crack, which was scheduled for this month, ended up being held in 2022. The case is important and long-awaited because it will impact similar processes of politicians suspected of collecting the salary of advisers – until today the STF has never condemned parliamentarians because of this and there is a debate in the legal environment on whether the practice is a crime or not. The criminal action in question is against the deputy Silas Chamber (Republicanos-AM), former leader of the evangelical caucus, and deals with facts that occurred in 2000 and 2001. The Attorney General’s Office accuses him of embezzlement, whose penalty is from two to twelve years in prison. In court he denies having committed irregularities.

The plenary was going to judge Silas Câmara on the 11th, but the president of the STF, Minister Luiz Fux, withdrew the action from the agenda because part of the ministers would be at an event in Portugal on that date. The expectation was that the trial would take place later this year. However, Fux prioritized the analysis of another criminal action, against senator Fernando Collor (Pros-AL), which was included this week in the agenda for next Thursday, 25. The Court goes into recess in December and there will be no time for the crack trial before the end of the year.

The rapporteur of the case against Collor, Minister Edson Fachin, asked for priority in this case because there is a risk of prescription. The senator became a defendant in 2017, accused of corruption and money laundering involving BR Distribuidora, in an investigation derived from Lava Jato.

While the Supreme Court does not define whether collecting advisors’ salaries can lead to jail – some jurists say that the practice is not a crime, but administrative improbity, which does not lead to arrest -, dozens of investigations into cracks are carried out in a bain-marie throughout the parents. The most notorious cases are those of the sons of President Jair Bolsonaro (no party), the senator Flavio (Patriot-RJ) and the councilor Carlos (Republicans-RJ). Recently, another big fish entered the list of suspects, the former president of the Senate and current commander of the CCJ (Committee on Constitution and Justice), Davi Alcolumbre (DEM-AP). Revealed by VEJA, his case reached the PGR last week and could lead to the opening of an inquiry with the STF.

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