The document, signed by judge Aline Marinho Bailão Iglesias and which Jornal do Tocantins had access to this Friday (2), considered the new evidence to refer the case back to the federal level.
The investigation was initially filed in the Federal Court, but as the initial information was that the drugs had come from Corumbá (MS), the case was related to interstate trafficking, which falls under the jurisdiction of the State Court.
When contacted by the report, the pilot’s defense did not want to take a position.
Donizete underwent a custody hearing and the arrest ended up being converted into preventative arrest. After that, the Integrated Force to Combat Organized Crime (FICCO), made up of teams from the 1st Division to Combat Organized Crime (DEIC – Palmas), the Federal Police, Military Police (PM) and Criminal Police, continued the investigation into try to identify the origin of the drug.
FICCO produced a report, according to the order, which pointed out the following signs that the drug had, in fact, been shipped from Bolivia:
- – The aircraft had a rustic and artisanal refueling mechanism that aims to increase the aircraft’s autonomy, a situation that is in disagreement with the National Civil Aviation Agency (ANAC);
- – Inside the plane there was a 600 ml bottle of sparkling mineral water, with the label indicating origin from La Paz, Bolivia;
- – The pilot claimed to have looked for the drug in Corumbá (MS), a city that borders Bolivia. Furthermore, the route taken by the pilot would be a known route for international drug trafficking, according to experts;
- – Donizete would have contacts of people with a Spanish accent. The person who hired him, according to the investigation, would have an international area code. A man with a name of Andean origin would have given the plane’s key to the pilot, which also raised the investigators’ suspicion.
- – The fact that Donizete already has a conviction for the crime of international drug trafficking is also one of the signs highlighted in the report.
In the document, the authority also advised the reassessment of jurisdiction over the case and that the case files be sent again from the State Court to the Federal Court.
The State Public Prosecutor’s Office decided to grant the request given the evidence and the incompetence of the State Court to investigate the crime of international drug trafficking. Furthermore, according to the document, the MP filed declaratory embargoes, claiming that the deadline for reporting Donizete is running out and that the case must be sent immediately to the attorney general of Justice.
“Therefore, considering the evidence pointed out by FICCO, being evidence subsequent to the initial analysis carried out by the Federal Court, in the case of new evidence, it is appropriate to determine the return of the case to the Federal Court for new analysis”, highlighted the judge when accepting the declaratory embargoes, which will clarify the jurisdiction of the process.
Therefore, the case must be returned to the 4th Federal Criminal Court of the Federal Court for further analysis. If there is any conflict of jurisdiction, the case must be referred to the Superior Court of Justice (STJ).