In the decision authorizing the breach of banking and tax confidentiality of councilor Carlos Bolsonaro (Republicanos-RJ), judge Marcello Rubioli, of the 1st Specialized Criminal Court of the TJ-RJ (Rio Court of Justice), evaluated the data presented by the MP -RJ (Rio’s Public Ministry) and wrote over 79 pages that he found “round evidence of criminal activity in an organized regime” and that “Carlos Nantes [Bolsonaro] is directly cited as the head of the organization.”
The 3rd PIP (Prosecutor for Criminal Investigation) investigates the existence of the practice of cracking, illegal delivery of advisors’ salaries, and the appointment of people who were “ghost employees” in Carlos Bolsonaro’s office.
The MP-RJ asked for the breach of confidentiality on May 5th and the judge authorized, on May 24th, the removal of the confidentiality of Carlos Bolsonaro, Ana Cristina Valle, second wife of President Jair Bolsonaro, and 25 others investigated. The MP-RJ had asked for the breach of confidentiality of Fabrício Queiroz, former adviser to senator Flávio Bolsonaro, but the magistrate did not authorize it.
Sought by the column, the defense of Carlos Bolsonaro has not manifested itself so far. In previous statements about the investigation, Carlos Bolsonaro denied that he had committed any illegality: “In the absence of new facts, they rehash the old ones that obviously haven’t gotten anywhere and change the packaging to push the narrative forward. To the losers, frustrated for not being what they always were, all that was left was to manipulate and lie. It’s what they accuse the most and what they do the most.”
After analyzing the data presented by the MP, Judge Marcello Rubioli wrote that “the elements of information collected in the file – especially when considering the vast collection of documents that accompany the investigative file – point to the existence of strong evidence of the practice of crime of money laundering”.
Rubioli also wrote that “from reading the records of the procedure declined, it is easily found that there are clear signs of criminal activity in an organized regime for the commission of crimes”. The judge also states that “Carlos Nantes is directly cited as the head of the organization, not least because he makes the appointments of the positions and functions commissioned by the cabinet”.
The MP stated in the request for breach of confidentiality that “in the present investigation, based on the elements of evidence collected, it is already possible to see evidence of the existence of a criminal organization characterized by permanence and stability, formed since 2001 by several advisors appointed by the parliamentarian ( Carlos Bolsonaro) for positions in the City Council.
The investigators also reported that “in fact, to operationalize the diversion, it is necessary to converge the actions of the councilor, who is responsible for appointing the “ghost” advisors (and figure as the final beneficiary of the embezzlement), the heads of cabinet who falsely attest to the performance of the professional activity of the advisors, and finally of the occupants of commissioned positions, agree to be formally appointed in the City Council, under a commitment to pass on monthly part of the remuneration of the position to the other members of the criminal organization, contributing to the deviation of the budget budget” .
The MP-RJ reported that the criminal organization would have six nuclei. The first and most numerous is that of Ana Cristina Siqueira Valle, former chief of staff of Carlos (2001 to 2008) and second wife of President Jair Bolsonaro.
Last year, the MP-RJ had already denounced senator Flávio Bolsonaro, Carlos’ brother, as the leader of a criminal organization that existed in his former role in Alerj (Legislative Assembly of Rio). The analysis of the complaint is currently suspended by a decision of the STJ. Flávio denied having committed any illegality.
In the decision in the case of Carlos Bolsonaro, the magistrate also referred to a report by the Coaf (Council for the Control of Financial Activities) in which the movement of R$ 1.77 million to Carlos was verified in an account that is in his name. mother, Rogéria Bolsonaro, first wife of President Jair Bolsonaro. The judge also stated that there are “evidence of under-invoicing for the purchase of property in 2009”.
Carlos Bolsonaro declared in a notary’s office that he paid R$ 70 thousand for an apartment in Copacabana. The MP pointed out to the TJ that the “market value of the property, for tax purposes, corresponded to approximately R$ 236 thousand, that is, 237% more than the declared payment amount, suggesting the possibility of payments made “outside “, backed by the availability of resources in kind”.
Judge Marcello Rubioli also stated that “a definitive value judgment is not being issued regarding the existence and authorship of the unjust, but only making the technical-legal finding that they exist, in fact and in line with what was stated by the Public Prosecutor’s Office , firm evidence”.
MP-RJ asked Queiroz to break confidentiality
The MP-RJ asked the TJ to break the confidentiality of Fabrício Queiroz, former advisor to senator Flávio Bolsonaro (Republicanos-RJ). The break was requested because he has a family relationship with Márcio Gerbatim and Claudionor Gerbatim. Márcio is the father of Queiroz’s stepdaughter. There is evidence that the two Gerbatim were phantom employees in the City Council.
In the request, the investigators justified the request for bankruptcy as follows: “Considering that sufficient evidence has already been identified of the participation of Fabrício José Carlos de Queiroz in the diversion of resources from the Legislative Assembly of the State of Rio de Janeiro, by returning the amounts paid to several “ghost” employees (a practice called “rachadinha”), giving rise to the filing of a criminal complaint against the same, it is necessary to verify whether such a practice would also be occurring within the scope of the City Council of Rio de Janeiro, justifying the removal of secrecy “.
When analyzing the request for breach of confidentiality by Fabrício Queiroz, the judge did not agree with the request of the MP-RJ.
“There is no justification for the removal of confidentiality in the records. He was not mentioned in any RIF (financial intelligence report) or made up the cabinet,” wrote Rubioli.
Below is a teaser for the podcast “UOL Investiga – Jair’s Secret Life” with some of the revelations made on the show. You can listen to full UOL Investigas on platforms like Spotify, Apple Podcasts, Google Podcasts, Amazon Music and Youtube.