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TRE julga nesta terça recurso de Savi em processo por suposta compra de votos
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TRE julga nesta terça recurso de Savi em processo por suposta compra de votos

by newsmtjunho 22, 2015

O julgamento do Agravo Regimental interposto pelo deputado estadual Mauro Savi (PR) contra a decisão que deferiu o pedido do Ministério Público Eleitoral (MPE) para a instauração de investigação sobre um suposto esquema de compra de votos, mediante distribuição de dinheiro, no local identificado como “Chácara do Ostácio”, no município de Juara (630 Km de Cuiabá), entrou na pauta de julgamento do Tribunal Regional Eleitoral (TRE) desta terça-feira (23). 

O recurso deveria ter sido julgado na última sessão, mas o desembargador Luis Ferreira da Silva não compareceu ao Pleno do TER, impossibilitando a apreciação. 

Luis Ferreira pediu vista, na Sessão do dia 16 de junho, adiando o exame doa autos. Na ocasião, Lídio Modesto, relator do processo, negou provimento ao Agravo. A presença de Ferreira era fundamental para o prosseguimento do julgamento, finalizando o recurso. 

Inquérito

Conforme os autos, o Delegado de Polícia Federal Emmanuel Borba de Vasconcelos do Departamento de Polícia Federal em Sinop, teria sido o responsável pela instauração do inquérito. Assim, Savi requer a “[…] reconsideração do r. decisum atacado, de forma a serem analisados os requisitos para o recebimento da inicial e, reconhecendo-se a nulidade da investida inicial das servidoras do Cartório Eleitoral da 27ª Zona Eleitoral, com a consequente imprestabilidade das provas que dela se derivaram em razão da `teoria dos frutos da árvore envenenada’, seja indeferida a inicial[…]”.

A teoria dos frutos da árvore envenenada é uma manobra que repreende a obtenção de provas por derivação. Esta prova contamina as provas subseqüentes, por efeito de repercussão causal, o efeito é a nulidade do processo penal.

O MPE havia pedido, ainda, a quebra do sigilo dos registros telefônicos de Ostácio Bueno de Almeida, apontado como intermediário da compra de votos. Porém, a Justiça Eleitoral negou, no dia 11 de fevereiro, provimento à rogativa. Conforme os autos, seria necessário demonstrar necessidade e utilidade da “medida extrema”.

“Deve a Autoridade Policial buscar outros meios convencionais de investigação, pois é necessário que tais pedidos demonstrem, de forma eficaz, a necessidade e utilidade da medida extrema, para que a quebra da interceptação telefônica seja devidamente fundamentada e demonstrada sua excepcionalidade, a partir de elementos investigatórios idôneos, evidenciados nos autos”, justificou o magistrado ao negar a quebra do sigilo.

Fonte: Olhar Direto
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