Ricardo Tosto

The Second Panel of the Supreme Federal Court (STF) concluded today’s session (10) the judgment of the Ordinary Appeal in Habeas Corpus (RHC) 124313, presented by the lawyer and former counselor of the National Bank for Economic and Social Development (BNDES) Ricardo Tosto de Oliveira Carvalho, investigated in the Santa Tereza operation for involvement in a money laundering crime.

In submitting a vote, Minister Gilmar Mendes accompanied the rapporteur of case, Minister Teori Zavascki, for the dismissal of the appeal on the grounds that, in order to analyze the defense’s argument that the money laundering offense would not have occurred, Reversal of facts and evidence, which is forbidden in the case of habeas corpus analysis. The decision was unanimous.

According to the complaint filed by the Federal Public Ministry, as a member of the BNDES ‘Board of Directors, Tosto would be a group responsible for the diversion of funds from the institution. The investigation found fraud in financing granted to the city of Praia Grande (SP) and to the Marisa store chain in 2007. According to the complaint, the alleged illicit advantage received by the then BNDES adviser (in the form of four checks) Would have been accounted for in the law firm of which it forms part as fees.

In the STF, his defense argued that there was no just cause for criminal action in relation to the money laundering crime for three reasons. He alleged that the crime of money laundering can not be committed by the same agent of the previous crime. He further stated that the payment of the law firm’s rent and the current account of the law firm would not have the potential to conceal the resources. Finally, he argued that the amounts claimed by the prosecution as the subject of the laundering crime were, in fact, duly accounted for as a result of legal services and advice to Probus Investimentos, and Marcos Vieira Montovani, his legal representative, Of 10 years.

In his vote, Minister Gilmar Mendes pointed out that the autonomy of the money-laundering crime, although perpetrated by the same agent of the previous crime, is affirmed by the STF jurisprudence, as was decided in Penal Action (AP) 470. The minister Pointed out that legal services, especially advisory services, tend to be immaterial and, therefore, difficult to prove. But in the case in question, the accusation seems to be supported by sufficient elements to bring the criminal action, according to Minister Gilmar Mendes.

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