The Superior Military Court (STM) upholds the conviction of a Navy petty officer accused of embezzling nearly R$ 200.
A member of the military was sentenced to four years in prison under an open regime, with the right to appeal while at liberty, for the crime of embezzlement.
By Denise Assis, 247 The Superior Military Court (STM) unanimously upheld the conviction of a Navy petty officer accused of misappropriating public funds while serving as manager of the Immediate Payments Account (COPIMED).
The decision was handed down in the judgment of an appeal filed by the defense, which sought to overturn the sentence handed down by the Permanent Council of Justice (CPJ) of the 1st Military Court of the 1st Military Judicial District (1st CJM), based in the state of Rio de Janeiro.
The military officer was sentenced on May 9, 2024, to four years of imprisonment under an open regime, with the right to appeal while at liberty, for the crime of embezzlement. In addition, the accessory penalty of expulsion from the Armed Forces was determined.
The complaint filed by the Military Public Prosecutor's Office (MPM) indicated that the defendant misappropriated public funds amounting to R$ 192.285,00 during the period in which he was responsible for operating COPIMED, an account intended for the immediate payment of military remuneration rights.
According to the prosecution, the warrant officer transferred funds from COPIMED directly to his personal account under the pretext of making payments to the eligible military personnel. However, audits and expert analyses revealed that part of these funds was misappropriated for his own benefit.
The bank analysis also revealed financial transactions inconsistent with his income, including substantial deposits into his father's account, totaling R$ 154.010,92.
In an attempt to mitigate the penal consequences, the defense argued that the non-commissioned officer agreed to reimburse the damages, which has been done through a monthly deduction of R$ 701,31 from his paycheck since April 2018, with full payment expected only in July 2041.
Based on this, the defense argued for the extinction of punishability, the reclassification of the conduct to simple embezzlement, or, alternatively, the application of decriminalizing measures, such as the conditional suspension of the proceedings or a non-prosecution agreement.
However, the rapporteur for the case, Army General Minister Marco Antônio de Farias, rejected all requests, highlighting that the crime of embezzlement is clearly established, since the defendant used his position to commit the misappropriation.
The minister also emphasized that, even with partial reparation of the damage, it is not a case of negligent crime or mere contribution, a necessary condition for the application of the legal benefit provided for in § 4 of article 303 of the Military Penal Code.
Furthermore, the rapporteur reinforced that the understanding of the STM Plenary is already settled regarding the inapplicability of instruments such as the non-prosecution agreement (ANPP) and the conditional suspension of proceedings within the scope of the Military Justice of the Union, including in cases involving civilians.
The rapporteur's vote was unanimously followed by the other ministers of the Court. Thus, the conviction was upheld, recognizing the warrant officer as the perpetrator of the crime of embezzlement, as stipulated in article 303, § 1, of the Military Penal Code, and reaffirming the seriousness of the misappropriation of public funds, even in light of the commencement of restitution.
