The STJ (High Court) today suspended the conviction of Senator Izalchi Lucas (PSDB-DF) for embezzlement. determined by TJDFT (Court of the Federal District and Territories) in second instance. The preliminary decision was made by Minister and Rapporteur Joel Ilan Paciornik, who pointed to a possible conflict, as he understood that this issue should be decided by the Electoral Court, and not by other courts.
According to the STJ website, Paciornik indicated that the case may be related to the size of the election, so the Electoral Court will have to analyze whether it falls within its jurisdiction to judge a criminal action and a habeas petition. Izalchi Corps.
“According to the speaker, the TJDFT itself confirmed the election-related circumstance, indicating that the politician’s behavior had an electoral advantage. STJ website.
According to the case, Izalchi, while serving as Secretary for Science and Technology of the Federal District, in 2009 redirected computers and IT equipment donated by the TCU (Union Chamber of Auditors) to the Government of the Federal District. the items would have been redirected for use in the politician’s 2010 election campaign.
In May, in the second instance, TJDFT sentenced the parliamentarian to 4 years and 4 months of probation in addition to paying a fine. On appeal, the court also reversed the decision of the lower court, which canceled the punishment of the politician, in connection with the possible expiration of the statute of limitations in the case.
The appeal and request for habeas corpus was sent by the parliamentary defense to the STJ. For lawyers, the case falls within the jurisdiction of the Electoral Court, as at the time it had an alleged intent to benefit the politician’s campaign and indicated a possible usurpation of the work of the Electoral Court by the TJDFT decision.
“The defense also pointed out the danger of keeping the district court’s verdict in force, given that Izalchi intends to run for election in October this year, and confirmation of the verdict in the second instance would make him ineligible,” the STU said. site reported.
In the decision, Paciornic also pointed to the need to refer the case to the Electoral Court, specifically the fifth class court, for further analysis of the senator’s request for habeas corpus.
O UOL try contacting the senator by email. Note will be updated in case of return.
