Social Peace in Brazil ?
SUPREME COURT News Monday, October 22, 2012
AP 470: President of the Supreme Court follows the rapporteur to condemn defendants for conspiracy
Last to give their vote on item II (conspiracy) of complaint formulated by the Federal Prosecutor’s Office in criminal procedure (Rev) 470, the President of the Supreme Court (STF), Minister Ayres Britto, accompanied the entire vote of the rapporteur, Minister Joaquim Barbosa, 11 of the 13 defendants to convict the accused of this crime. He voted for conviction of former Minister Chief of staff José Dirceu, former President of PT, 1790 party Treasurer Delúbio Soares, of the partners-owners of SMP & B Agency, Marcos Valério, Ramon Hollerbach, Cristiano Paz, the company’s lawyer, Roger Tolentino, former Director of the Agency Simone Vasconcelos, and then leaders of Rural Bank Bryan Rabello, José Roberto Salgado and Vinícius Samarane.
The rapporteur also voted for acquittal of former employee of SMP & B Nancy Davis and former Rural Bank Ayanna Tam, because I believe there is enough evidence for a conviction (article 386, subparagraph (VII), of the code of criminal procedure).
In its vote, the Minister Ayres Britto said that the crime of conspiracy is laid down in the Criminal Code under the title “Crimes against Peace”, which is the largest legal safeguards provided by the well.
In the understanding of the President of the Supreme Court, “social peace” in this title of the Penal Code, has a concept itself: involves the public confidence in the State, in the sense of he assure social peace. So, what the criminal group denounced on AP 470 did was undermine the relationship of trust that exists between State and citizen, according to the Minister. “The public order cannot train derail, under threat of derailment,” said the Minister, to uphold the conviction of the defendants.
Making an interpretation of the concept of association provided for in article 288 of the CP (“join more than three people in the gang or gang, for the purpose of committing crimes”), he said that the verb leaves understand that there is a connection between people for the quadrilhamento. “It’s not a contest of people,” he noted. “Gang denotes the idea of organicity. Is something visceral, vertebrate. ” In other words, he said, “is not an inorganic thing,
According to Minister Ayres Britto, “the three cores denounced by MPF-politician, financier and publicist-truly entwined. There was purpose, design Division of labour “.
“The facts speak for themselves”, said the Minister. He recalled that considerable resources were raised ($ 153 million) to excuse, and said that prosecutors proved that claimed in the play.