Arruda is acquitted by the Court of Justice of the Federal District.
Former governor of the Federal District, José Roberto Arruda (PR), had his political rights maintained with the decision that acquitted him of the crimes of improper waiver of bidding for the renovation of the Nilson Nelson gymnasium in 2008; the Public Prosecutor's Office of the Federal District can still appeal, but in another instance; former Secretary of Public Works Márcio Machado was also acquitted.
Brasilia 247 – Former Governor of the Federal District José Roberto Arruda (PR) and former Secretary of Public Works Márcio Machado were acquitted by the 3rd Criminal Court of the Federal District Court of Justice (TJDF) of the crimes of improper waiver of bidding for the renovation of the Nilson Nelson gymnasium in 2008. The Federal District Public Prosecutor's Office can still appeal, but in another instance.
The acquittal grants the former governor the right to retain his political rights, since Arruda was not convicted by a collegiate body. If he is convicted of another crime under these circumstances, the Republican will fall under the Clean Slate Law and, as a consequence, will not be able to run for elected office.
Due to the waiver of the bidding process, Arruda was sentenced to five years and four months in prison under a semi-open regime and ordered to pay a fine of R$ 400. The former Secretary of Public Works was sentenced to four years and eight months in prison, also under a semi-open regime, and had to pay a fine of R$ 300.
The defendants denied the accusations of the Public Prosecutor's Office, arguing that there was little time to carry out the works and that it was necessary to meet FIFA's requirements for the Futsal World Championship at the time, according to information from G1 Distrito Federal. On the 12th, while Judge Jesuíno Aparecido Rissato found both Arruda and the former secretary innocent, the reviewing judge, Humberto Ulhôa, understood "failure and bad intentions" on the part of the Federal District government and voted for the conviction of the defendants.
"Even knowing that the city was not equipped to host the international event, then-Governor Arruda delayed initiating the bureaucratic procedures for the renovation of the Nilson Nelson gymnasium, where the games would be held, until February 2008. Due to the delay, several contracts were signed directly, bypassing the bidding process," says the complaint from the Public Prosecutor's Office of the Federal District and Territories (MPDFT).
Nélio Machado, Arruda's lawyer, said that there was a possibility of the championship taking place, but there was no confirmation that the event would actually happen. "In reality, there was a dispute; Brasília was only confirmed. The documents prove this; there is ample evidence," he stated. "There was merely the intention, an intention that could or could not become reality," he added.
Lawyer Edson Smaniotto, who defends Machado, said that the crime does not cause harm to public funds. "The crime they are accused of is a crime that requires harm, and even the indictment doesn't mention harm," he stated. "How can we imagine that someone will have their freedom restricted, go to jail, and have their political rights suspended when the conduct doesn't constitute a crime?" he questioned.
The renovation of the gymnasium was budgeted at R$ 9.998.896,70. The fines imposed amount to 4% of the cost of the project for Arruda and 3% for Machado. The process for the renovation of the gymnasium began in February 2008.