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Full Court rejects prosecution of appeals against a nonunanimous appelate decision of Paulo Maluf

The Plenary meeting of the Brazilian Federal Supreme Court (STF), at Thursday's session (19), dismissed a internal interlocutory appeal in a motion for rehearing in Criminal prosecution (AP) 863, in which federal representative Paulo Salim Maluf (PP-SP) was convicted of the money laundering offense. At the trial, the Justices agreed that the motion for rehearing of a majority decision of any of their panels rendered in an criminal action are admissible, as long as there are two votes in favor of the defendant, both of which are absolving in the proper sense, that is, which relate to acquittal on merit.

In the present case, however, by 6 votes to 5, they understood that the only dissenting vote in the AP 863 trial did not absolve Maluf, but was limited to the recognition of procedural nullity for lack of expertise and recognition of the preliminary injunctions.

It was also in judgment the injunction granted in the Habeas Corpus (HC) 152707 by the Justice Dias Toffoli that authorized the house arrest of Paulo Maluf. Due to advanced age (86 years) and serious health problems. However, the HC was considered prejudiced because the rapporteur of AP 863, Justice Edson Fachin, during the meeting, granted habeas corpus ex officio to ensure Maluf the right to serve the sentence under house arrest. The Justice took into account the confirmation of the outcome in the criminal action and the grounds presented by Justice Dias Toffoli for the approval of the preliminary injunction in habeas.

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