STF extinguishes Maluf's prison sentences for considering him eligible for Christmas pardon benefits
Paulo Maluf, was sentenced to 7 years and 9 months in prison for money laundering during his term as mayor of the city of São Paulo and has been on parole since last year.
Paulo Maluf - Photo Reproduction Dida Sampaio/Estadão / Content - November 5, 2013
Minister Edson Fachin, of the Federal Supreme Court (STF) decided to extinguish the prison sentences imposed on the former governor of São Paulo, former mayor of the capital of São Paulo and former federal deputy Paulo Maluf, claiming that he is eligible for the benefits of the Christmas reprieve, signed by former president Jair Bolsonaro (PL) last year. The decision released on Tuesday night (16) and puts an end to the process that convicted Maluf in two criminal actions in which he was convicted of money laundering and ideological falsehood for electoral purposes.
the pardon
On December 22 of last year, Bolsonaro signed a Christmas pardon decree that has the potential to grant a pardon to a significant number of people convicted of various crimes in Brazil, that is, the Christmas pardon, provided for in the Constitution. Federal, it is a benefit that extinguishes the sentences of convicts who meet certain requirements, such as having served a certain time in prison and having good prison behavior
Article 5 of the pardon decree 11.302, states that "a Christmas pardon will be granted to persons convicted of a crime whose maximum deprivation of liberty in the abstract does not exceed five years." In other words, the decree granted benefits to all individuals convicted of non-violent crimes, whose maximum sentence established in the Penal Code is up to five years in prison or detention. This pardon was quite controversial at the time, generating debates about its applicability and possible benefits to those convicted of crimes of corruption.
The concession to Maluf
In the specific case of the former deputy, his defense requested the extinction of the sentences justifying that he meets the requirements for the Christmas pardon. The criteria fulfilled by Maluf are to have over 70 years and have served more than a third of the sentence. According to the STF minister, Maluf is 91 years old and has already served more than a third of his sentence of seven years and nine months in a closed regime, thus fulfilling the legal requirements to benefit from the pardon.
"Haure from the file the unified total penalty of ten years, six months and ten days, having fulfilled, until now, the period of five years, four months and twenty-three days. Therefore, the objective requirement referring to the time is fulfilled. compliance greater than 1/3 (one third)," says an excerpt from Fachin's decision.
However, Fachin emphasized that the pardon applies exclusively to prison sentences, while other effects of the conviction remain valid. Maluf was serving a sentence of ten years and six months in prison in relation to the two criminal actions in which he was accused before the Supremo Tribunal Federal. This was the third request made by the former mayor, and the two previous requests were denied. At that time, Maluf still did not meet the formal requirements necessary to be contemplated with the pardon.
the accusation
The Federal Public Prosecutor's Office accused Paulo Maluf of using accounts abroad to launder money from the diversion of funds from the City of São Paulo during his term as mayor of the capital, which took place between 1993 and 1996. according to the complaint, one of the sources of money diverted by Maluf abroad would come from the construction of Avenida Água Espraiada, currently known as Avenida Jornalista Roberto Marinho.
The politician faced accusations of using bank accounts registered in the name of "offshore" companies (companies established abroad for investments) with the purpose of sending embezzled funds and reinvesting a portion of that money in the acquisition of shares of companies belonging to his own family, namely to Eucatex. According to the MPF, an amount greater than $172 million was invested in the company through this scheme.
Maluf's Condemnation
Accused of embezzling public funds during his tenure as mayor of São Paulo, by the Federal Public Ministry, in May 2017, the Federal Supreme Court (STF) sentenced Paulo Maluf to a sentence of 7 years and 9 months in prison for money laundering during his term as mayor of São Paulo (SP) between 1993 and 1996. As of 2018, the politician began to serve house arrest. In 2022, Fachin granted him parole.
