Head of bid-rigging mafia could be arrested.

Fernando Porfírio_247 – The Superior Court of Justice overturned an injunction that could have sent businessman José Carlos Cepera from Campinas (SP) to prison. He is accused of leading a scheme to defraud public contracts in several Brazilian cities. The fraud is estimated to amount to more than R$ 615 million. Cepera was protected from the arrest warrant by an injunction from the STJ itself, which has now been overturned.

The decision comes from the Fifth Panel of the Superior Court of Justice (STJ). Cepera's lawyer, Luiz Flávio Borges d'Urso, argues that Judge Nelson Bernardes, from Campinas, could not proceed with the investigations because the names of people with privileged jurisdiction were mentioned. Among them, the former governor of Tocantins, Carlos Gaguim (PMDB). The lawyer said he will appeal the decision to the Supreme Federal Court (STF).

The businessman is being investigated for money laundering and racketeering. The operations of the alleged criminal organization led by Cepera are said to have taken place in 11 cities in São Paulo state, as well as in Minas Gerais and Tocantins. The courts released businessman José Carlos Cepera last October, shortly after the Public Prosecutor's Office filed fraud allegations against him. He had been imprisoned since September at the Provisional Detention Center (CDP) in Campinas.

According to the Public Prosecutor's Office, the criminal organization allegedly led by Cepera specializes in fraud in municipal bidding processes for contracts in the areas of security, cleaning, and surveillance. The businessman is identified as the owner and hidden administrator of six companies, registered under the names of front men. The contracts signed with municipal public bodies in the states of São Paulo, Minas Gerais, and Tocantins exceed R$ 615 million.

One of the focuses of the investigation is Sanasa/Campinas (Water and Sanitation Supply Company S/A), a company whose majority shareholder is the City Hall of Campinas. "During telephone and telematic (email) monitoring, there was mention of numerous politicians, including mayors, secretaries, deputies, a governor, and a prosecutor," said prosecutor Amauri Silveira Filho, from Gaeco (Special Group for Combating Organized Crime) in Campinas.

Prosecutors did not reveal the names of the politicians under investigation. Part of the documents was sent to the Superior Court of Justice. According to the Public Prosecutor's Office, Cepera is allegedly behind the companies Lotus Serviços Técnicos Ltda., Pluriserv Serviços Técnicos Ltda., Infratec Segurança e Vigilância, São Paulo Serviços Ltda., Pro-saneamento Ambiental Ltda., and OO Lima Empresa Limpadora Ltda. These companies have contracts in Campinas, São Paulo, Guarulhos, Indaiatuba, Hortolândia, Jundiaí, Arujá, Itapetininga, Taubaté, Araraquara, and Peruíbe.

The businessman had his preventive detention ordered by the judge of the 3rd Criminal Court of Campinas (SP) and confirmed by the Court of Justice of São Paulo. According to the judge, the measure was taken to guarantee the procedural investigation and public order. However, the defense obtained an injunction from the Superior Court of Justice (STJ), under the condition that the defendant would not interfere with the investigations. His passport was seized after evidence was found suggesting he intended to flee the country.

The defense argued that the judge lacked jurisdiction to order preventive detention, due to the suspected involvement of authorities with special jurisdiction in the indictment. According to the winning vote in the Superior Court of Justice (STJ), by Minister Gilson Dipp, the São Paulo Public Prosecutor's Office points to several authorities in the indictment, but does not formally indicate that they participated in the crime.

According to Dipp, based on the description of the facts, the conduct involves the interests of several state institutions, which indicates the jurisdiction of the state court in the location of the offense. The Public Prosecutor's Office could, if it deemed it appropriate, file charges against all participants in the alleged criminal act.

Dipp also emphasized that the factual reasons that motivated the preventive detention, as well as the decision that upheld it on appeal, prevent the Superior Court of Justice (STJ) from reviewing it through habeas corpus, as it involves matters of evidence.