TJ-SP bars investigation in which Saul Klein accuses brother of changing his will

The Court of Justice of São Paulo, by majority vote, accepted a habeas corpus of businessman Michael Klein and closed the police investigation open at the request of his younger brother, Saul, who blames him for alleged crimes of document falsification and embezzlement.

According to Saul, the eldest son made four changes to the social contract of Casas Bahia, a procedure that would have led to the dilution of capital and the cancellation of part of the shares of the patriarch, Samuel Klein — who died in November 2014 —, elevating Michael to the position of largest shareholder of the group.

The judges of the 1st Chamber of Criminal Law accepted Michael’s defense argument and considered that the businessman’s punishment for the crimes attributed to him by Saul is prescribed. The ruling was signed on April 15.

The crimes under suspicion carry maximum sentences of five and six years in prison. Prescription occurs in 12 years. Michael is over 70 years old — in these cases, the period is cut in half. “Irremediably prescribed possible criminal actions that could be taken against him”, noted judge Alberto Anderson Filho, designated rapporteur. He was accompanied by judge Ana Zomer. The president of the 1st Chamber, judge Ivo de Almeida, was defeated.

The conflict between the Klein brothers brings into the ring, on opposite sides, two giants of criminal law, both with notable performances in the courts. Saul is represented by lawyer Alberto Zacharias Toron. Michael is represented by attorney Daniel Bialski.

Bialski said that the closure of the investigation “puts an end to the treacherous legal adventure started by his brother”. Bialski maintains that the accusations against his client “are unfounded.”

Toron said that the Court of Justice’s decision only benefits Michael, and that, with regard to his children, the investigation continues normally. “Michael Klein, as a result of falsifying the document, has continually obtained illicit advantages, as we highlighted in our request to open a police investigation”, he states.

In his decision, Judge Anderson Filho also rejected the Public Prosecutor’s Office’s claim that other crimes could be investigated. According to the rapporteur, the investigation cannot be initiated with the aim of “indiscriminately launching a net to collect some fish, that is, investigating, without the clear objective of finding a possible crime”.

“There is no practical usefulness in the progress of the police investigation in relation to the patient [Michael]since the criminal action for any crime would be irremediably prescribed”, records the ruling that halted the ongoing investigation before the 2nd Criminal Court of São Caetano do Sul.

The investigation was opened after Saul presented the Police with a private technical opinion narrating alleged differences in the signatures of his father, Samuel, in four amendments to the social contract of Casas Bahia and in the public will of the businessman, who died in November 2014.

According to Michael’s defense, Saul’s version is that the “falsification of documents would serve to obtain an undue advantage” by his older brother, to his detriment.

To the Police, Saul Klein stated that, in all the documents questioned, the main beneficiary would be Michael. According to Saul, changes to Casas Bahia’s social contract led to the dilution of capital and the cancellation of part of Samuel’s shares in the company, allowing Michael to become the group’s largest shareholder.

In addition to the police investigation, now closed, Saul has been contesting his father’s inventory since 2023. He questions Samuel Klein’s donations in the last two years of his life. Saul claims that the assets of the founder of Casas Bahia totaled more than R$8 billion 24 months before his death, but that R$500 million remained in the sharing plan.

Amid his brother’s questions, Saul became the target of an action by the Public Ministry of Labor for allegedly “enticing young women and teenagers with false promises of work and sexually exploiting them, subjecting them to conditions similar to slavery”.

In July last year, the court of the 4th Labor Court of Barueri, in Greater São Paulo, sentenced the businessman to pay compensation for moral damages of R$30 million.

What does Daniel Bialski, who defends Michael Klein, say?

O Habeas Corpus granted by the São Paulo Court of Justice to businessman Michael Klein, ordering the criminal investigation to be suspended, puts an end to the damaging legal adventure started by his brother, Saul, which has already been refuted in the civil sphere.

The Court of Justice recognized the illegal constraint to which he had been subjected, stating the absolute lack of just cause for the continuation of these unfounded accusations, which went back more than a decade, with no effect even due to the statute of limitations.

What does Alberto Zacharias Toron, who defends Saul Klein, say?

This is a decision that recognized the statute of limitations in favor of Michael Klein due to his age. However, the Public Prosecutor’s Office has already filed an embargo and, in theory, there are other crimes that can be investigated. Therefore, you cannot make this decision as a definitive decision regarding him, Michael Klein.

In relation to the children, who are also investigated, the investigation will continue as normal because they were not covered by the decision to habeas corpus in favor of Michael Klein. There is another aspect that is important to highlight: if Michael Klein, as a result of falsifying the document, has continually obtained illicit advantages, as we highlighted in our request to open a police investigation on behalf of his brother, Saul Klein.

The Superior Court of Justice has consolidated jurisprudence to the effect that, in these cases, the statute of limitations is counted from the last infraction. If this interpretation prevails, there would be no prescription. In any case, the person who has the right to appeal is the Public Prosecutor’s Office and we will wait for the development of the facts.