Bishop Rodrigues files appeal against AP 470

Thais Leitão and Alex Rodrigues
Reporters from Agência Brasil

Brasilia – Another person convicted in the trial of Criminal Action 470, former federal deputy Bispo Rodrigues (PR-RJ), appealed today (2) to the Supreme Federal Court (STF). Sentenced to six years and three months in prison for the crimes of passive corruption and money laundering, he is the 11th to present to the STF a declaratory appeal, a type of appeal used to clarify points of the decision that were supposedly not well defined by the ministers in the trial.

The deadline for those convicted in the Mensalão trial (Action 470) to file appeals with the Supreme Federal Court (STF) ends this Thursday. The motion for clarification does not change the merits of the decision.

In addition to motions for clarification, those convicted may, at a later stage, file so-called motions for reconsideration, which allow for a new analysis of the decision. According to the Internal Regulations of the Supreme Federal Court (STF), these can only be used when there are at least four votes in favor of acquittal.

Even though it's provided for in the Supreme Court's internal rules, the use of this appeal is not fully accepted among the justices, as some believe the tool has been superseded by ordinary legislation. The deadline for filing this appeal, however, has not yet been set by the Supreme Court.

Completed in December of last year, after more than four months of work, the Mensalão trial is the largest in the entire history of the Supreme Federal Court (STF). Beyond its political impact, the complexity of the criminal case stemmed from the very structure of the process. Originally involving 40 defendants, the case produced more than 50 pages and required the testimony of 600 witnesses.

The trial lasted 53 sessions and consumed 204 hours of plenary session time, monopolizing the work of the Supreme Court in the second half of 2012. Generally, the Court takes up to four sessions to judge more complex cases.

Of the initial 40 defendants, three did not go to trial. Of the 37 who were tried, 25 were convicted and 12 acquitted. The Court decided that 11 of them must serve their sentences in a closed regime initially, 11 in a semi-open regime, one in an open regime, and two had their sentences replaced by restrictive measures, such as payment of fines and prohibition from holding public office.

In total, the sentences amounted to 273 years, three months, and four days in prison, and the fines exceeded R$ 20 million in values ​​that have not yet been updated.

Edited by: Davi Oliveira