Shortly after opening, investigation into Mantega is suspended.
The case would be opened by the Federal Prosecutor's Office in the Federal District, but, according to a decision by the Supreme Federal Court, it falls under the jurisdiction of the Attorney General's Office; the Attorney General's Office will decide what to do.
Agency Brazil – A communication failure between the Judiciary and the Public Prosecutor's Office resulted in the suspension of the investigation opened in the Federal District to investigate whether the Minister of Finance, Guido Mantega, committed administrative misconduct in relation to the administration of the Mint. The opening of the investigation was announced this Monday (2). A note from the Attorney General's Office (PGR), however, states that the news should be disregarded.
On March 16th, the Attorney General of the Republic, Roberto Gurgel, forwarded Mantega's case to the Federal Public Prosecutor's Office in the Federal District (MPF-DF) because it involved alleged administrative misconduct. The current understanding of the Supreme Federal Court (STF) is that these cases should be sent to the first instance court, even if the person involved has the prerogative of privileged jurisdiction, because misconduct falls under civil law, not criminal law.
This argument, however, has been questioned in recent decisions and is no longer considered the best solution by some ministers of the current composition of the Supreme Court. Aware of this fluctuation, the Attorney General's Office (AGU) filed a writ of mandamus with the Supreme Court to prevent the case from being sent to the local Federal Public Prosecutor's Office, a request granted in a preliminary decision by Justice Luiz Fux.
The confusion regarding jurisdiction arose because the Supreme Court's decision was not communicated in time to the Federal District prosecutor, Júlio de Castro Junior, who requested the opening of the investigation without knowing about Fux's injunction.
With this clarification, the investigation by the Federal Public Prosecutor's Office of the Federal District will be suspended and the case will be forwarded to the Attorney General's Office, which will decide what to do next.
Read the news published earlier:
247 - The Federal Prosecutor's Office in the Federal District has opened an investigation to determine if the Minister of Finance..., Guido Mantega committed administrative misconduct by failing to act regarding an alleged corruption scheme at the Brazilian Mint. Mantega was reportedly warned – among other means, through an official letter – of the irregularities five months before Luiz Felipe Denucci left the presidency of the institution. The investigation has a deadline of 180 days (90 days extendable by another 90) to be completed and is still preliminary. Once finalized, a civil inquiry will be opened.
During your last visit to the SenateThe minister said that "there was no formal complaint that was not investigated by the Ministry of Finance" and stated that Denucci's departure was a personal decision by the former president of the Mint, who was bothered by "the pressures and discontent" that began to create conflict within the Mint.
The investigation will be conducted by the head of the 3rd Public Assets Office, Federal Prosecutor Júlio Carlos Schwonke, and was prompted by a representation submitted to the Attorney General's Office – the Attorney General's Office forwarded the investigation request to the first instance – by a group of parliamentarians that includes Senator Demóstenes Torres (DEM-GO), who has been under scrutiny since his close relationship with the illegal gambling operator Carlinhos Cachoeira was revealed.