Lindbergh and Correia request dismissal of Flávio Bolsonaro's criminal report

Federal Deputies Lindbergh Farias (PT-RJ) and Rogério Correia (PT-MG) requested the president of the Supreme Federal Court, Edson Fachin, to dismiss the criminal report filed by Flávio Bolsonaro (PL). The measure was filed this Friday (2) and is based on the allegation that the accusation has no connection with the criminal complaint already pending before the court.

Reason for the dismissal request

In Flávio's representation, filed on October 1, the senator accuses the deputies of malicious prosecution and false reporting of a crime. Flávio argues that Lindbergh and Correia submitted 19 requests to the STF, the Attorney General's Office (PGR), and the Federal Police between March and September of this year.

The parliamentarians' defense, represented by attorney Reinaldo dos Santos Almeida, argues that the criminal report could not have been filed within the records of a previous criminal complaint, filed by Flávio against Rogério Correia over a post about a property in Angra dos Reis (RJ). The deputies claim that the new facts have no connection to the original case and should be submitted to free distribution in the Supreme Court.

Arguments on the absence of malicious prosecution

The parliamentarians state that there are no elements to characterize malicious prosecution. The filing indicates that Flávio himself acknowledges not knowing whether the requests submitted by the deputies led to the initiation of investigations, a fact that the defense considers essential to constitute the crime.

In addition, part of the requests was forwarded to already existing proceedings or is still awaiting analysis by the competent authorities. For the deputies, exercising the right of petition and parliamentary oversight activity does not constitute an illicit act in itself, even when requests are repeated or presented during the electoral period.

Criticism of the rapporteur-selection strategy

The lawyers accuse Flávio of trying to choose his own judge in the STF, bypassing distribution rules and violating the principle of the natural judge. The criminal report was filed against the two deputies and attributes to them the crimes of malicious prosecution and false reporting of a crime, but the defense argues that the document does not prove the actual initiation of proceedings as a result of the communications made by the parliamentarians.

According to the defense, the criminal report asks the STF precisely to verify which requests gave rise to investigations. The strategy allegedly created a way to keep the case under the rapporteurship of Luiz Fux without going through the random draw, serving merely as a tool to choose the judge.

Defense of the right to petition

The lawyers highlight that the deputies only brought information and documents to the competent authorities, in the exercise of their right to petition and the oversight activity of their mandate. The repeated submission of requests does not transform parliamentary action into a crime, and any investigation should be conducted by the responsible authorities, not treated as malicious prosecution merely because the facts were reported by political opponents.

Next steps

The filing asks for the criminal report to be removed from the files of the previous complaint, docketed separately, and submitted to free distribution. Alternatively, it requests that the petition be summarily dismissed for lack of just cause. The defense will still submit the filing to the analysis of the competent authorities.

With information from O GLOBO, Metrópoles.