Federal Public Prosecutor's Office goes to the Superior Court of Justice to increase the prison sentence of the mayor of Itaguaí.

Newspapers in Brazil - The Federal Public Prosecutor's Office (MPF) has appealed to the Superior Court of Justice (STJ) to increase the sentence imposed on the mayor of Itaguaí, Carlo Busatto Junior (Charlinho), who was sentenced to almost fifteen years in prison for the crimes of corruption and bid-rigging for his participation in the "Sanguessugas" (Leeches) mafia, a scheme known for involving several municipalities in the irregular purchase of ambulances in exchange for bribes. The MPF also requested the immediate commencement of the sentence, regardless of the STJ's analysis of the appeal, citing precedents from the Supreme Federal Court.

In its appeal, the Federal Public Prosecutor's Office (MPF) asks the Superior Court of Justice (STJ) to recognize the greater reprehensibility of the defendant, considering the fact that he committed the crimes while serving as mayor of the municipalities of Itaguaí and Mangaratiba. According to the MPF, the judges Paulo Espírito Santo (rapporteur) and Ivan Athié, of the 1st Specialized Panel of the Regional Federal Court (TRF-2nd Region), gave a different interpretation from other courts on this issue, failing to consider the fact that Charlinho committed the crimes while taking advantage of his position as mayor.

“At the time of the events, the accused was the mayor of Mangaratiba and Itaguaí and received a decent salary commensurate with his position, on a regular basis. Therefore, the motives that encouraged him to commit the crimes for which he was convicted were greed, avarice, and the desire to obtain easy profit, all to the detriment of the population and administrative probity,” says Regional Federal Prosecutor Carlos Aguiar, coordinator of the Criminal Nucleus for Combating Corruption (NCCC/PRR2). “There was an error of law in the analysis of the culpability and motives of the crime, especially since it involved a public administrator, from whom one expects honest conduct and commitment to the public interest.”

The regional prosecutor cited in the appeal a 2012 decision by the Superior Court of Justice (STJ) in a conviction for bid-rigging involving a former mayor from the interior of São Paulo state. In that case, similar to that of Itaguaí, the STJ expressed greater reprehensibility towards public officials who divert or misappropriate municipal public funds. With this STJ decision, the defendant's culpability began to be duly considered.