Connected processes
Having found a connection with other actions already withdrawn from the common justice system, minister Sebastião Reis Júnior, of the Superior Court of Justice, ordered, this Tuesday (7/5), the sending of a criminal action against Ricardo Coutinho, former -governor of Paraíba.
Ricardo Coutinho was governor of PB between 2011 and 2019 for the PSB
The case was being processed in the 4th Criminal Court of João Pessoa and derives from the “lava jet” branch in Paraíba, which became known as “operation calvary” — an investigation into an alleged criminal organization focused on committing crimes against the administration of the state of Paraíba , with the formation of slush funds to fund electoral campaigns.
Coutinho’s defense claimed that the facts investigated in the case in question are related to two other actions already sent to the Electoral Court following decisions by Minister Gilmar Mendes, of the Federal Supreme Court.
The João Pessoa court denied the jurisdiction of the Electoral Court. The Paraíba Court of Justice had the same understanding. Therefore, Coutinho contacted the STJ.
“It is an undisputed fact in the records that there is a connection between the criminal actions, as well as between the criminal actions and the criminal investigation procedure regarding which the STF issued a decision to forward the files to the Electoral Court”, concluded Sebastião.
The minister pointed out that all these procedures are a result of “operation calvary”. Therefore, “it is up to the Electoral Court to decide regarding the competence to prosecute and judge the facts attributed in the aforementioned criminal action”.
He highlighted that the issue “has already been definitively decided” by the STF, as the judgment of a regulatory appeal against Gilmar’s decisions has already been completed.
The rapporteur cited STF precedents that confirm the competence of the Electoral Court to judge common crimes related to electoral crimes.
Click here to read the decision
HC 850.110
