Barbosa commits yet another abuse against Genoino.
The President of the Supreme Federal Court (STF), Joaquim Barbosa, denied a request made by the defense of José Genoino, convicted in AP 470, to transfer him from house arrest in Brasília to São Paulo; similar requests made by other convicts in the same case, however, are being granted; to justify his position, Barbosa says that Genoino's transfer "harms the public interest"; does the delay in the arrest warrant for Roberto Jefferson, whose sentence has already been defined, serve the same "public interest," Barbosa?
247 - By denying the request to transfer the defense of former federal deputy José Genoino, convicted in Criminal Action 470, the "mensalão" scandal, from Brasília to São Paulo, the president of the Supreme Federal Court, Joaquim Barbosa, commits yet another abuse. While other similar requests from prisoners convicted in the same case are being granted, Barbosa acts differently with Genoino, alleging "public interest." Given this statement, a question arises for Barbosa: whose interests are served by postponing the arrest warrant for one of the key figures in the case, former federal deputy Roberto Jefferson, the whistleblower in the mensalão scandal, who has also already been convicted?
In the decision this Friday (27), Barbosa says that Genoino's house arrest "is merely provisional". "As the defense itself indicates, his state of health is evolving and, more than that, all the information in the records indicates that his current condition is compatible with serving the sentence in the semi-open regime, within the prison system, under the terms of the final conviction imposed on him in the AP 470 case," he states.
According to the president of the Supreme Federal Court, "the prisoner cannot choose, at his own discretion and convenience, where he will serve the sentence that has been definitively imposed on him." He further states: "considering the provisional nature of the house arrest under which the convict is currently serving his sentence, and the strong probability of his return to the semi-open regime at the end of the period requested by the Attorney General's Office, I consider that the transfer now requested harms the public interest."
He also states that the reassessment of Genoino's health should be done at the location where he is currently serving his sentence, that is, in Brasília. And he warns that if the former congressman intends to bring his preferred doctor to perform the necessary examinations in the Federal District, he must do so provided he pays for these expenses.
Genoino is expected to remain under house arrest in Brasília until February 20th.
Below, news from Agência Brasil:
Genoino's house arrest has been extended, but he will not be able to return to São Paulo.
Reporter from Agência Brasil
Brasilia - Convicted in the Mensalão corruption trial, former federal deputy and former president of the Workers' Party (PT), José Genoino, had his house arrest extended until February 19, 2014, decided the president of the Supreme Federal Court (STF), Minister Joaquim Barbosa. Genoino, however, had his request for transfer to São Paulo denied and will remain in Brasília until a new medical evaluation.
In his decision, the president of the Supreme Federal Court (STF) argues that the medical examination conducted in November by doctors from the University Hospital of Brasília (HUB) indicated the absence of a serious illness that would prevent him from serving his sentence in a semi-open regime. Barbosa emphasized that Genoino's health is improving and that medical assistance is guaranteed to inmates at the Papuda Prison Complex in the Federal District, where most of those convicted in the Mensalão scandal are imprisoned.
“The inmate’s house arrest is merely provisional. As the defense itself indicates, his state of health is improving and, moreover, all the information in the case file indicates that his current condition is compatible with serving his sentence in a semi-open regime, within the prison system, in accordance with the final conviction imposed on him in case AP 470 [Criminal Action 470],” wrote Barbosa.
Regarding Genoino's continued stay in Brasília, Barbosa argued that the former congressman himself had agreed, on November 26th, to withdraw his requests for transfer to São Paulo. The president of the Supreme Court also highlighted that jurisprudence (a body of recent decisions) does not allow a prisoner to choose, of their own free will and convenience, where they will serve their sentence.
To justify extending house arrest, Barbosa cited the opinion of the Attorney General of the Republic, Rodrigo Janot, who recommended caution and requested 90 days, starting from November 21st, to transfer Genoino back to the Papuda Complex. The president of the Supreme Court also determined that the former congressman's medical re-evaluation be done in Brasília and that Genoino bear the expenses if he wishes to bring a doctor from São Paulo to perform the examinations.